Sterba Ex Rel. Beecham v. Jay

The opinion of the court was delivered by

Lockett, J.:

This is a wrongful death action arising out of a December 1987 motor vehicle/pedestrian accident in which plaintiff Lois E. Sterba’s son, Scott A. Beecham, was struck and killed by a pickup driven by defendant Tommy L. Jay, an employee of defendant W.B. Carter Construction Company (Carter). Beecham was employed as a street maintenance worker for the City of Wichita. On December 22, 1987, Beecham and a fellow worker, Michael Keeling, were “cold patching” potholes on K-42 highway. Keeling was driving a city dump truck, using six yellow…