No. 79,039, 79,040.

265 Kan. 372 (1998)

961 P.2d 677

SCHMIDT, et al., Appellees/Cross-appellants, v. HTG, INC., et al., Appellants/Cross-appellees.

Supreme Court of Kansas.

Opinion filed June 5, 1998.

Attorney(s) appearing for the Case

Donald Patterson, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause, and Michael K. Seck, of the same firm, of Overland Park, was on the briefs for appellants/cross-appellees HTG, Inc. d/b/a Hamilton's and Thomas E. Hamilton.

Lisa A. Mendoza, special assistant attorney general, argued the cause, and Edward F. Britton, Jr., of Kansas Department of Corrections, was on the briefs for appellants/cross-appellees Kansas Department of Corrections and Robert Schirk.

Timothy A. Short, of Spigarelli, McLane, & Short, of Pittsburg, and James F. Adler, of Adler & Manson, L.C., of Kansas City, Missouri, argued the cause, and Carlton Kennard, Esq., of Pittsburg, was with them on the briefs for appellees/ cross-appellants.

The opinion of the court was delivered by


Gene and Peggy Schmidt, individually and as heirs of their daughter Stephanie Schmidt, and Gene as administrator of her estate, brought these personal injury and wrongful death actions against Stephanie's former employer, HTG, Inc. d/b/a Hamilton's, Thomas E. Hamilton, the Kansas Department of Corrections (KDOC), and Robert Schirk, a state parole officer. On June 30, 1993, Stephanie was raped and killed...

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