White v. Goodville Mutual Casualty Co.

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by Marvin C. White from an order of the district court dismissing his case on the grounds the petition failed to state a claim upon which relief could be granted.

The facts are simple. Appellant’s automobile and an automobile owned and driven by Joe Ackah-Yensu collided on January 7, 1977. Appellee, Goodville Mutual Casualty Company, was the insurance carrier for Mr. Ackah-Yensu, and a policy of liability insurance was effective on the collision date.

Appellant filed suit on July 11, 1977, in the district court of Sedgwick…