Hanks v. Booth

Brown, J.:

Plaintiff brought a civil suit against defendants, parents of three minor children, pursuant to K.S.A. 38-120, alleging: (1) The children willfully and maliciously damaged and destroyed plaintiff s barn by starting a fire; and (2) the children’s conduct was due to parental neglect. The jury found for the *150plaintiff and the defendants appeal the trial court’s denial of their motions for summary judgment and directed verdict.

Defendants contend that the trial court should have granted their motions for summary judgment because the minor children are presumed, as a matter of law, to be…