Smith v. Blackwell

Larson, J.:

Charlene Smith appeals the district court’s denial of her motion for attorney fees pursuant to K.S.A. 40-256.

This garnishment action arises out of an automobile accident on November 30, 1984, in Wyandotte County. Farmers Insurance Company’s insured, Sherrie Blackwell, crossed the center line and struck a car driven by Charlene Smith, causing her serious and disabling personal injuries. Smith’s mother, a passenger in her car, was killed, and Blackwell was critically injured by the severe impact.

Smith sustained fractures of three ribs, multiple contusions to her face, body, and both…