Smith v. Marshall

The opinion of the court was delivered by

McFarland, J.:

This is an action brought under the provisions of the Kansas Automobile Injury Reparations Act (K.S.A. 1977 Supp. 40-3101 et seq.), commonly known as the Kansas No-Fault Insurance Act. Summary judgment was entered for the defendant, Kevin P. Marshall. The plaintiff, Sylvester Smith, Jr., appealed from the summary judgment and the Court of Appeals reversed the trial court. Smith v. Marshall, 2 Kan. App. 2d 213, 577 P.2d 362 (1978). The matter is before this Court on petition for review.

On May 30, 1975, the plaintiff was a passenger in a…