Johnson v. Haupt

Parks, J.:

This wrongful death action arose out of a fatal collision between a car driven by Beverly Haupt and the motorcycle of the decedent, Charles Johnson III. The parents of the decedent sued both Haupt and the city of Leavenworth. The jury *683found that plaintiffs sustained total damages of $30,000 but attributed 30% of the fault to decedent, 5% to Haupt, 39% to Leavenworth and 26% to unnamed persons parked along the street. The city appeals the $11,700 (39% of $30,000) judgment imposed against it pursuant to the comparative negligence statute (K.S.A. 60-258a).

Appellant contends that the…