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LAMB v. STATE

No. 92,231.

33 Kan.App. 2d 843 (2005)

109 P.3d 1265

ROBERT G. LAMB, Appellant, v. STATE OF KANSAS and DAVID M. ALBERS, Appellees.

Court of Appeals of Kansas.

Opinion filed April 15, 2005.

Attorney(s) appearing for the Case

Dan E. Turner and Phillip L. Turner, of Topeka, for appellant.

Harry Kennedy, assistant attorney general, and Phill Kline, attorney general, for appellee.

Before HILL, P.J., MALONE and GREENE, JJ.

HILL, J.:

The District Court dismissed Deputy Sheriff Robert G. Lamb's lawsuit against Kansas Highway Patrol Trooper David M. Albers and the State of Kansas on the grounds that Albers owed no special duty to Lamb and the Kansas Tort Claims Act made the defendants immune from this action. Lamb contends in this appeal the unattended motor vehicle statute, K.S.A. 8-1573, created a duty that Albers was not to leave his patrol car running with the keys in the ignition...

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