Thummel v. Kansas State Highway Commission

With reluctance I find I am unable to

concur in the court’s decision. The opinion perhaps is sound from the standpoint of public safety, but the basis of liability is not the public safety because at common law there was no liability on the part of the state arising by reason of the state’s failure to provide for public safety. Therefore, the logic of the court’s opinion fails because it has no foundation for its creation. The only liability in this case must be strictly statutory in origin and all other theories of liability fall if the fundamental foundation does not support them.

At common…