Siruta Ex Rel. Heirs at Law of Siruta v. Siruta

The opinion of the court was delivered by

LuCKERT, J.:

In this wrongful death action, an heir sues an alleged tortfeasor for the death of a decedent. But this case is not the typical suit brought pursuant to the Kansas Wrongful Death Act, K.S.A. 60-1901 et seq., due to a few unusual iterations: Here a bereaved father sues his wife, the bereaved mother; the two parties are the sole heirs at law of a decedent child; and, to add one more wrinlde, both parties are potential tortfeasors.

On appeal and cross-appeal, both parties raise several issues, which we group and address in the following order.…