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MULROY v. OLBERDING

No. 85,611.

29 Kan. App.2d 757 (2001)

30 P.3d 1050

DENNIS MULROY, Appellant/Cross-appellee, v. DUANE L. OLBERDING, Appellee, and WESTERN RESOURCES, INC. Appellee/Cross-appellant.

Court of Appeals of Kansas.

Opinion filed September 14, 2001.

Attorney(s) appearing for the Case

Robert V. Eye, of Irigonegaray & Associates, of Topeka, for the appellant/cross-appellee.

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, for appellee/cross-appellant Western Resources, Inc.,

William Larson and Ron D. Martinek, of Gehrt & Roberts, Chartered, of Topeka, for appellee Duane L. Olberding.

Before PIERRON, P.J., MARQUARDT and BEIER, JJ.

PIERRON, J.:

Dennis J. Mulroy sued Duane L. Olberding and Western Resources, Inc. (Western) alleging that on April 15, 1997, Olberding operated his vehicle while under the influence of alcohol, causing an automobile accident and resulting in personal injuries and damages to Mulroy. Mulroy claimed Olberding was an employee of Western and that at the time of the accident, Olberding was working within the scope of his employment with Western. Olberding admitted in his...

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