Ball Ex Rel. Ball v. Burns & McDonnell

The opinion of the court was delivered by

Abbott, J.:

This is a personal injury action arising out of a car-train collision brought by Ashley Ball, a minor, by and through her father, Joseph Ball, alleging a cause of action under the Kansas Tort Claims Act. Plaintiff settled her claims with Johnson County and the Burlington Northern Railway Company, and they are not parties to this appeal. The remaining defendants are the Kansas Department of Transportation (KDOT) and Bums & McDonnell Engineering Company, Inc. (Bums & McDonnell).

Ball appeals from the trial court’s granting of summaiy judgment…