Rodack v. State Highway Commission

The opinion of the court was delivered by

Fromme, J.:

This court on the petition of the plaintiffs-appellants granted review after the decision of the Kansas Court of Appeals in Rodack v. State Highway Comm’n, 2 Kan. App. 2d 535, 583 P.2d 1035 (1978), was handed down affirming the order of the Johnson District Court which dismissed this action. We reverse the judgment of the Court of Appeals, reverse the judgment of the district court and remand the case for further proceedings.

The plaintiffs, John M. and Helen I. Rodack, appeal from an order dismissing a wrongful death action filed against the…