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STATE AUTO PROPERTY & CASUALTY v. LEWIS

Case No. 13-4020-JTM.

8 F.Supp.3d 1303 (2014)

STATE AUTO PROPERTY & CASUALTY, Plaintiff, v. David LEWIS, et al., Defendants.

United States District Court, D. Kansas.

Filed March 19, 2014.

Attorney(s) appearing for the Case

Bradley C. Nielsen , Nicholas P. Hillyard , Franke Schultz & Mullen, PC, Kansas City, MO, for Plaintiff.

Stephen W. Kessler , Gary E. Laughlin , Hamilton Laughlin Barker Johnson & Jones, Roger D. Fincher , Bryan, Lykins, Hejtmanek & Fincher, PA, Topeka, KS, for Defendants.

MEMORANDUM AND ORDER

J. THOMAS MARTEN, Judge.

Joey Lowe was killed when the motorcycle he was riding struck a cow on Auburn Road in Shawnee County. The cow, which belonged to Shirley Bosworth, had escaped from pasture owned by David Lewis and Michelle Koelling and located in the vicinity of 7750 S.W. 61st Street in Topeka, Kansas. Individually and as the heirs at law of Joey Lowe, Debra Lowe and Kristopher Lowe filed a state court negligence action against...

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