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BARRETT v. U.S.D. NO. 259

No. 86,022.

272 Kan. 250 (2001)

32 P.3d 1156

FRANCES BARRETT, Individually and on behalf of the heirs-at-law of ROBERT ALEXANDER BARRETT; and as Administratrix of the Estate of ROBERT ALEXANDER BARRETT, Appellee, v. UNIFIED SCHOOL DISTRICT No. 259, a/k/a Wichita Public School System; and DAN JOHNSON, Appellants.

Supreme Court of Kansas.

Opinion filed October 19, 2001.

Attorney(s) appearing for the Case

Alan L. Rupe, of Husch & Eppenberger, L.L.C., of Wichita, argued the cause, and S. Douglas Mackay and Anthony M. Singer, of the same firm, were on the brief for appellants.

Kyle J. Steadman, of Arden J. Bradshaw & Associates, of Wichita, argued the cause and was on the brief for appellee.

William Scott Hesse, assistant attorney general, argued the cause, and Carla J. Stovall, attorney general, was with him on the briefs for intervenor State of Kansas.

Donald L. Moler, Jr., and Sandra Jacquot were on the brief for amicus curiae League of Kansas Municipalities.

Lawton M. Nuss, of Clark, Mize & Linville, Chartered, of Salina, was on the brief for amicus curiae Kansas Association of Defense Counsel.

The opinion of the court was delivered by

DAVIS, J.:

Robert Alexander Barrett, a 12th grade high school student at Southeast High School in Wichita, collapsed on the practice field after participating in the first mandatory football practice of the 1998 season. He died in the hospital the next day. A wrongful death action was filed, and this is an interlocutory appeal in that action by Unified School District No. 259 and the coach, Dan Johnson, from a partial...

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