[Download] "Kuhl v. Atchison" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Kuhl v. Atchison
- Author : Supreme Court of Kansas
- Release Date : January 28, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The opinion of the court was delivered by This is a personal injury action arising out of a motor vehicle
accident. The plaintiffs Norman Kuhl and Billy D. Van Aken were
employees of the defendant, Atchison, Topeka & Santa Fe Railway
Company (ATSF). Defendant Willa Wright was employed at the Oak
Tree Inn, a motel owned by defendant Green Country Inn, and she
was driving Kuhl and Van Aken to work when the motel's van was
struck from behind by a car driven by defendant Juan Reyes and
owned by defendant Curtis Canseco. The jury attributed 68% of the
fault to ATSF, Wright, and Green Country Inn collectively, 22% to
Reyes, and 10% to Canseco. The jury awarded the medical expenses
incurred by each plaintiff, and the awards for pain, disability,
and economic loss were identical. ATSF appealed the jury's awards
of identical damages to the plaintiffs. Green Country Inn and
Wright appealed, asserting three issues: the jury instructions,
the award of damages, and the district court's failure to direct
a verdict in their favor. The Court of Appeals, in an unpublished
opinion filed August 23, 1991, found no error as to the
instructions, but reversed the jury's award of damages and
remanded the case for a new trial on that issue. Wright and Green
Country Inn sought review of the Court of Appeals' decision as to
the jury instructions,
[250 Kan. 334]
and plaintiffs sought review as to the reversal of the jury's
award of damages. We granted both petitions for review.