SUMNER v. MEIER'S READY MIX, INC.

No. 93,546

34 Kan.App. 2d 850 (2006)

CHRIS A. SUMNER, Deceased, Appellant, v. MEIER'S READY MIX, INC., AND ZURICH U.S. INSURANCE CO., Appellees.

Court of Appeals of Kansas.

Opinion filed January 13, 2006.


Attorney(s) appearing for the Case

Lawrence M. Gurney, of Wilson, Lee, Gurney, Carmichael & Hess, of Wichita, for appellant.

Wade A. Dorothy and Douglas A. Dorothy, of Dorothy & Henoch, L.L.C., of Lenexa, for appellees.

Before MARQUARDT, P.J., PIERRON, J., and BUKATY, S.J.


MARQUARDT, J.:

Chris A. Sumner, deceased, through his surviving wife (Claimant), appeals the denial of an award by the Workers Compensation Board (Board). We reverse.

On September 30, 2002, Sumner, a truck driver for Meier's Ready Mix (Meier's), died as a result of a one-vehicle accident. Although Sumner was driving a company truck when he died, the parties stipulated that at the time of the accident, he was engaged in a personal errand with no business purpose...

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