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DAWSON v. GIVENS CONSTR. CO.

No. 83,806.

27 Kan. App.2d 1042 (2000)

11 P.3d 81

HARRY DAWSON, Appellee, v. GIVENS CONSTRUCTION CO., INC., Defendant, and WESTERN SURETY COMPANY, Appellant.

Court of Appeals of Kansas.

Opinion filed September 15, 2000.

Attorney(s) appearing for the Case

Keith C. Sevedge, of Lenexa, and Patrick J. Wielinski and Michelle I. Rieger, of Ford White Wielinski & Salazar P.C., of Dallas, Texas, for appellant.

Jeffery L. Carmichael and Jana D. Abbott, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, for appellee.

Before BEIER, P.J., RULON, J., and STEPHEN D. HILL, District Judge, assigned.

BEIER, J.:

As surety for a highway project subcontractor, defendant-appellant Western Surety Company (Western) seeks review of a judgment in favor of plaintiff-appellee and landowner Harry Dawson, who sued Western to recover for the subcontractor's negligence and breach of a borrow pit agreement. Western contends Dawson, as a supplier to the subcontractor, cannot recover on a performance and payment bond issued for the sole

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