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DODGE CITY IMPLEMENT, INC. v. BOARD OF COM'RS

No. 96,784.

205 P.3d 1265 (2009)

DODGE CITY IMPLEMENT, INC., and Justin L. Slattery, Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF BARBER and the Moore Township, Barber County, Kansas, Appellees.

Supreme Court of Kansas.

April 24, 2009.

Attorney(s) appearing for the Case

Mark A. Buck, of Fairchild & Buck, P.A., of Lawrence, argued the cause, and Clinton W. Lee, of the same firm, was with him on the briefs for appellants.

Stephen M. Kerwick, of Foulston Siefkin LLP, of Wichita, argued the cause and was on the briefs for appellee Board of County Commissioners of Barber County.

Edward L. Keeley, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause and was on the briefs for appellee Moore Township.

The opinion of the court was delivered by BEIER, J.:

This case arises out of a collision between a Burlington Northern and Santa Fe Freight (BNSF) train and a truck owned by Dodge City Implement, Inc. (DCI). BNSF filed suit in federal court against DCI and its employee driver, Justin Slattery. After that action was settled, plaintiffs DCI and Slattery pursued this suit against defendants Barber County (County) and Moore Township (Township) under negligence and implied...

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