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KEARBEY v. WICHITA SOUTHEAST KANSAS

Nos. WD 65170, WD 65207.

240 S.W.3d 175 (2007)

Jeff and Amy KEARBEY, Appellant-Respondents, v. WICHITA SOUTHEAST KANSAS, Respondent-Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 18, 2007.

Attorney(s) appearing for the Case

Scott S. Bethune, John M. Cusick, Co-Counsel, Kansas City, for Appellant-Respondent.

Bradley S. Russell, Overland Park, KS, for Respondent-Appellant.

Before LOWENSTEIN, P.J., ELLIS, and HARDWICK, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 18, 2007.

HAROLD L. LOWENSTEIN, Judge.

FACTUAL BACKGROUND:

This case stems from an automobile collision in Shannon County, Missouri, in 2000. On the night of October 13th of that year, appellant Jeff Kearbey was driving an extended-cab pickup truck eastbound on U.S. Highway 60, returning to his home after picking up his step-daughter Cassie Foster. The distance between Kearbey...

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