Yunghans v. Carson

Rees, J.:

This is a case of first impression under the Kansas Automobile Injury Reparations Act (KAIRA), K.S.A. 40-3101 et seq., involving the scope of the insurer’s statutory right of subrogation under K.S.A. 40-3113a when the insured obtains duplicative recovery from a tortfeasor.

In the early evening hours of March 1, 1979, Sherman Yunghans sustained personal injury when a pickup truck he was driving collided with a yearling steer on Highway K-5 in Leavenworth County. Yunghans sued David Carson, the owner of the steer, on theories of negligence and absolute liability. Farm Bureau Mutual…