Legal Opinion

Trout v. Koss Construction Co.

Supreme Court of Kansas

Decided October 31, 1986No. 58,341PublishedCited by 37 opinions

1Opinion of the Court

The opinion of the court was delivered by

Holmes, J.:

The Kansas Department of Transportation (KDOT) appeals from a jury verdict and judgment in an action under the Kansas Tort Claims Act (KTCA), K.S.A. 75-6101 et seq., for personal injuries suffered by appellee James R. Trout, a truck driver, in an accident which occurred when his truck struck a number of horses on the highway. The jury returned a verdict for Trout of $150,000 and assessed 25% of the fault for the accident to the KDOT.

The material facts are not seriously in dispute. In 1983 the KDOT, after following standard bidding…

2Cases cited18 opinions

  1. Schmeck v. City of ShawneeSupreme Court of Kansas · 1982
  2. Gould v. City of TopekaSupreme Court of Kansas · 1884
  3. Douglas v. LombardinoSupreme Court of Kansas · 1985
  4. Toumberlin v. HaasSupreme Court of Kansas · 1984
  5. Gorges v. State Highway CommissionSupreme Court of Kansas · 1932

13 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Leiker Ex Rel. Leiker v. GaffordSupreme Court of Kansas · 1989
  2. Cerretti v. Flint Hills Rural Electric Cooperative Ass'nSupreme Court of Kansas · 1992
  3. Martin Marietta Materials, Inc. v. Kansas Department of TransportationCourt of Appeals for the Tenth Circuit · 2016
  4. Shelter Mutual Insurance v. WilliamsSupreme Court of Kansas · 1991
  5. Pilcher v. Board of Wyandotte County Comm'rsCourt of Appeals of Kansas · 1990

32 more not listed; retrieve them via the Exa API.

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