Rodina v. Castaneda

No. 123,313 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CURTIS RODINA, Appellant, v. ALBERTO R. CASTANEDA, D.D.S., Appellee. SYLLABUS BY THE COURT 1. A plaintiff may pursue separate actions against tortfeasors when there has been no trial and judicial determination of comparative fault. Once a plaintiff proceeds to trial and comparative fault is judicially determined, the plaintiff can no longer pursue other suits for damages arising out of the same occurrence. 2. When the trial court entered default judgment in a separate action against other tortfeasors, it made no apportionment of fault…