Williams Ex Rel. Williams v. Kearbey Ex Rel. Kearbey

Davis, J.:

In this case, we are asked to update Kansas tort law by holding that a 1927 Kansas Supreme Court decision no longer states the current tort law in Kansas. That decision held that “[a]n insane person who shoots and kills another is civilly liable in damages to those injured by his tort.” Seals v. Snow, 123 Kan. 88, Syl. ¶ 1, 254 Pac. 348 (1927). We conclude that Seals v. Snow is well grounded in sound public policy and expresses the unanimous view of all jurisdictions considering this question. Thus, we affirm the decision of the trial court.

Defendant Alan Kearbey, a minor, shot and…