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MASSONI v. STATE HIGHWAY COMMISSION

No. 47,317

214 Kan. 844 (1974)

522 P.2d 973

JACK R. MASSONI and MARY JANE MASSONI, CELIA MASSONI, by JACK R. MASSONI, as Parent and Natural Guardian, and JACK R. MASSONI and MARY JANE MASSONI, Hers of Melissa Massoni, Deceased, Appellants, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, TIME-D.C., INC., and LIBERTY MUTUAL INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

Gene H. Sharp, of Liberal, argued the cause, and Kerry McQueen, of Liberal, was with him on the brief for the appellants.

B.G. Larson, of Dodge City, argued the cause and was on the brief for the appelles Time-D.C., Inc., and Liberty Mutual Insurance Company.

Paul A. Wolf, of Hugoton, argued the cause, and Paul W. Clark of Topeka, was with him on the brief for the appellee state highway commission.

The opinion of the court was delivered by

HARMAN, C.:

This is an action for damages for wrongful death, personal injury and property loss arising out of a head-on collision between two passenger motor vehicles. Defendants in the action are the owner of a truck-trailer, its public liability carrier and the state highway commission. Plaintiffs sought recovery on the theory the combined negligence of the truck driver and of the driver of the vehicle with which...

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