CARLSON v. FERGUSON

No. 84,355.

270 Kan. 576 (2001)

17 P.3d 333

E. DEAN CARLSON, Secretary of the Kansas Department of Transportation, Plaintiff, v. DALE W. FERGUSON and VALLEY FERTILIZER & SEED, L.L.C., Appellants, and JAMES B. NICK and ABRAM READY MIX, INC. Appellees.

Supreme Court of Kansas.

Opinion filed January 26, 2001.


Attorney(s) appearing for the Case

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, argued the cause and was on the briefs for appellants.

Dustin L. DeVaughn, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause and was on the brief for appellees.

Thomas G. Lemon, of Fisher, Cavanaugh, Smith & Lemon, P.A., of Topeka, and Todd D. Powell, of the same firm, were on the brief for amicus curiae Kansas Fertilizer and Chemical Association.

Charles S. Arthur, III, general counsel, and Edward F. Home, assistant general counsel, were on the brief for amicus curiae Kansas Farm Bureau.


The opinion of the court was delivered by

SIX, J.:

This negligence case focuses on jury instructions concerning the statutory rear lighting requirements for fertilizer nurse tanks towed during daylight hours. See K.S.A. 1999 Supp. 8-1427; K.S.A. 8-1701(c); K.S.A. 8-1703; K.S.A. 8-1718. Defendants Dale Ferguson and Valley Fertilizer & Seed, L.L.C. (Valley) appeal a jury verdict finding Valley 100% at fault. The...

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