Howell v. Calvert

The opinion of the court was delivered by

Six, J.:

This is a personal injury and wrongful death case. The only defendant at trial was Kansas Newman College, Inc. (Newman). Two student athletes from Newman were struck from behind by a truck during a mandatory early morning conditioning run. One athlete, Kimberly J. Rothlisberger, was killed and the other, Angie Howell, was injured. Plaintiffs were Howell and Diana Rothlisberger, Kimberly’s mother. Following a 3-week trial, the jury apportioned fault in each case as follows: the athlete 28.6%; the truck driver 46.6%; and Newman 24.8%. The jury…