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SMITH v. PRINTUP

No. 76,025.

262 Kan. 587 (1997)

938 P.2d 1261

BARRY L. SMITH, Administrator of the Estate of Glen C. Smith, deceased, et al., Appellants/Cross-appellees, v. ALBERT PRINTUP, SOUTHWEST MOVERS, INC., THE HARTFORD ACCIDENT & INDEMNITY COMPANY, and AMERICAN STATES INSURANCE COMPANY, Appellees, and AMERICAN RED BALL TRANSIT COMPANY, INC., Appellee/Cross-appellant, and KANSAS TURNPIKE AUTHORITY, MYERS CONSTRUCTION COMPANY, and ALLIED LABORATORIES, Defendants.

Supreme Court of Kansas.

Opinion filed June 6, 1997.

Attorney(s) appearing for the Case

Randall E. Fisher, of Law Offices of Randall E. Fisher, of Wichita, argued the cause and was on the briefs for appellants/cross-appellees.

Stephen M. Kerwick, of Foulston & Siefkin, L.L.P., of Wichita, argued the cause, and Jay F. Fowler, of the same firm, was with him on the brief for appellee/ cross-appellant American Red Ball Transit Company, Inc.

Randy J. Troutt, of Kahrs, Nelson, Fanning, Hite & Kellogg, L.L.P., of Wichita, argued the cause, and Vince P. Wheeler, of the same firm, was on the brief for appellees Southwest Movers, Inc., and American States Insurance Co.

The opinion of the court was delivered by

DAVIS, J.:

This is the second appeal involving punitive damages awarded to the estate of Glen C. Smith, deceased, brought by the administrator, plaintiff Barry L. Smith, et al. (Smith). In Smith v. Printup, 254 Kan. 315, 866 P.2d 985 (1993), we remanded this case with instructions. This appeal basically involves two questions: (1) whether...

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