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CULLIP v. DOMANN

No. 79,140.

266 Kan. 550 (1999)

972 P.2d 776

DAVID CULLIP, a minor child, by and through his next friend, DAVID M. PITTS, Appellant, v. WILLIAM ROBERT-PAUL DOMANN, a minor child, by and through his next friend, Lee Domann; NORMA WIMBERLY; LEE DOMANN; and LULA O'HARA, Defendants, and JOHNNY JACK MERCER, by and through his next friend, Joe Mercer; JOE MERCER; and LUELLA MERCER, Appellees.

Supreme Court of Kansas.

Opinion filed January 22, 1999.

Attorney(s) appearing for the Case

Norbert C. Marek, Jr., of Myers, Pottroff & Ball, of Manhattan, argued the cause, and Charles K. Ball, of the same firm, was with him on the brief for appellant.

Patrick M. Salsbury, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, argued the cause, and Curtis J. Waugh, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

DAVIS, J.:

The plaintiff, David Cullip, age 14, and two friends the same age, the defendants Johnny Jack Mercer (J.J.) and William Domann, went hunting on property not owned by them. A 12gauge shotgun carried by William accidentally discharged, striking the plaintiff and causing permanent paralysis. After discovery and partial settlement with other named defendants, the trial court granted summary judgment to J.J....

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