Siple v. City of Topeka

The opinion of the court was delivered by

Lockett, J.:

The Siples, plaintiffs, brought this action in tort for damages to plaintiffs’ car, premised on the duty owed by the City of Topeka, defendant, to inspect and remove an allegedly defective tree. Defendant claimed it was exempted from tort liability by the Kansas Tort Claims Act. In a trial to the court, judgment was granted in favor of plaintiffs. Defendant appeals.

On June 21, 1981, the Siples were returning to their home in Topeka from an overnight camping trip in their five-week-old Chevrolet Chevette. The Siples parked their Chevette in…