Alcaraz v. Welch

The opinion of the court was delivered by

Schroeder, J.:

In this action the plaintiff seeks to recover for personal injuries allegedly sustained while riding his motorcycle which collided with a stray grocery cart on Kellogg Street in the city of Wichita, Kansas. The trial court sustained the defendant’s motion for summary judgment, and appeal has been duly perfected.

The basic question is whether an agency relationship has been established by the record between the owner/occupant and the driver of a vehicle allegedly responsible for causing the grocery cart to be in the street.

The trial court…