WALDER v. BOARD OF COM'RS OF JACKSON COUNTY

No. 101,854.

236 P.3d 525 (2010)

Carl WALDER, Executor of the Richard T. Walder Estate, on his behalf and the Heirs of Richard T. Walder, Appellant, v. The BOARD OF COMMISSIONERS OF JACKSON COUNTY, Kansas, Appellee.

Court of Appeals of Kansas.

July 23, 2010.


Attorney(s) appearing for the Case

William J. Pauzauskie, of Topeka, for appellant.

Wendell F. Cowan, Jr., James D. Oliver, and Matthew Stromberg, of Foulston Siefkin LLP, of Overland Park, for appellee.

Before LEBEN, P.J., GREEN and CAPLINGER, JJ.


LEBEN, J.

Richard Walder died after an accident involving a collapsed culvert on a rural road. His estate sued Jackson County, alleging that the county had been negligent in road inspection and maintenance and that this negligence caused Walder's death. But the county moved for summary judgment, arguing in part that Walder's estate hadn't shown in its expert-testimony summary the cause of the culvert collapse and how the county could have prevented the collapse through...

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