Lamb v. State

Hill, J.:

The District Court dismissed Deputy Sheriff Robert G. Lamb’s lawsuit against Kansas Highway Patrol Trooper David M. Albers and the State of Kansas on the grounds that Albers owed no special duty to Lamb and the Kansas Tort Claims Act made the defendants immune from this action. Lamb contends in this appeal the unattended motor vehicle statute, K.S.A. 8-1573, created a duty that Albers was not to leave his patrol car running with the keys in the ignition and the doors unlocked. Because there was no special duty owed by the trooper to the Deputy Sheriff when Albers was attempting to…