KUDLACIK v. JOHNNY'S SHAWNEE, INC.

No. 115,869.

440 P.3d 576 (2019)

Jeffrey D. KUDLACIK, Appellant, v. JOHNNY'S SHAWNEE, INC., and Barley's Ltd., Appellees.

Supreme Court of Kansas.

Opinion filed May 10, 2019.


Attorney(s) appearing for the Case

David R. Morantz , of Shamberg, Johnson & Bergman, Chartered, of Kansas City, Missouri, argued the cause, and Lynn R. Johnson and Paige L. McCreary , of the same firm, and Vito C. Barbieri , of Barbieri & Associates, L.C., of Shawnee, were with him on the briefs for appellant.

John J. Bursch , of Bursch Law P.L.L.C., of Caledonia, Michigan, argued the cause, and John J. Fogarty and Theresa Shean Hall , of Manz Swanson Hall Fogarty & Gellis, PC, of Kansas City, Missouri, were on the briefs for appellee Johnny's Shawnee, Inc.

Todd N. Thompson , of Thompson Warner, P.A., of Lawrence, argued the cause, and Sarah E. Warner of the same firm, and Erik Henry Nelson and Bradley R. Hansmann , of Brown & James, P.C., of Kansas City, Missouri, were with him on the briefs for appellee Barley's Ltd.

Richard W. James , of DeVaughn James Injury Lawyers, of Wichita, and Blake A. Shuart , of Hutton & Hutton Law Firm, L.L.C., of Wichita, were on the brief for amicus curiae Mothers Against Drunk Driving.

Will B. Wohlford , of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, was on the brief for amicus curiae Kansas Trial Lawyers Association.

J. Philip Davidson and Paul J. Skolaut , of Hinkle Law Firm L.L.C., of Wichita, were on the brief for amicus curiae Kansas Restaurant and Hospitality Association.

Lyndon W. Vix and Brian E. Vanorsby , of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, were on the brief for amicus curiae Kansas Association of Defense Counsel.

Jason R. Lane and Joseph Uhlman , legal intern, of Newton, were on the brief for amicus curiae Kansas Emergency Medical Services Association.


Jeffrey D. Kudlacik suffered serious injuries in a two-vehicle collision with a drunk driver. He asks us to reconsider longstanding Kansas caselaw insulating commercial drinking establishments from liability for torts committed by their intoxicated patrons. We have done so and today reaffirm the...

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