Johnson v. McArthur

The opinion of the court was delivered by

McFarland, J.:

In a wrongful death action, this is an interlocutory appeal, pursuant to K.S.A. 60-2102(b), from a denial of a motion by defendants to dismiss.

The facts relevant to the issue before us are not in dispute and are as follows. Rex A. Gilkeson and Linda Beth Gilkeson were husband and wife. On December 24, 1976, the Gilkeson automobile was involved in a collision with an automobile driven by defendant West K. McArthur. Both Mr. and Mrs. Gilkeson died as a result of injuries sustained in the collision, with the wife surviving the husband by…