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HERRON v. GABBY'S GOODIES

No. 85,484.

29 Kan. App.2d 42 (2001)

24 P.3d 747

RONALD S. HERRON, Plaintiff/Appellee, v. GABBY'S GOODIES and LYLE D. FRAZEE, Defendant, and KANSAS CRIME VICTIMS COMPENSATION BOARD, Nonparty Lien Holder/Appellant.

Court of Appeals of Kansas.

Opinion filed May 4, 2001.

Attorney(s) appearing for the Case

Hsingkan Chiang, assistant attorney general, and Carla J. Stovall, attorney general, for appellant.

Gregory G. Lower and Kevin T. Stamper, of Cassell & Lower, L.L.C., of Wichita, for appellee.

Before GERNON, P.J., GREEN and BEIER, JJ.

GERNON, J.:

The Crime Victims Compensation Board (Board) appeals a district court's determination that its subrogation lien should be reduced proportionally to adjust for attorney fees paid by the claimant in recovering damages from the offender.

Ronald S. Herron, a pedestrian, was injured when a vehicle driven by Lyle D. Frazee and owned by Gabby's Goodies struck him. Frazee was driving while intoxicated. Herron sued Frazee and Gabby's Goodies and applied...

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