Wilson v. Probst

The opinion of the court was delivered by

McFarland, J.:

This is an interlocutory appeal from an order dismissing O. D. Turner, Secretary of Transportation, from the action on the grounds that the claim of highway defect was not based on negligence and, accordingly, could not be compared with the negligence of others under K.S.A. 60-258a.

The plaintiff was a passenger in a vehicle driven by Gilbert L. Thomson, Jr., which collided with a vehicle owned by Acid Engineers, Inc., and driven by one of its employees, Steven A. Probst. The collision occurred on March 11, 1976. The plaintiff brought this…