Reynolds v. Kansas Department of Transportation

Marquardt, J.:

The Kansas Department of Transportation (KDOT) appeals the trial court’s refusal to grant its motion for summary judgment and motion for a directed verdict. We reverse.

Everett and Sylvia Jones leased approximately 40 acres on the west side of Highway 69 from the Van Kirks. Part of the property along Highway 69 contained a fence that was constructed by KDOT. The fence was built up and around the double box culvert on the Van Kirks’ property.

Sylvia admitted that she and Everett had trouble keeping their cattle from going through the culvert to Lee Phillips’ orchard on the east…