Rodarte v. Kansas Department of Transportation

Johnson, J.:

Catherine Estrada Rodarte sustained serious injuries when she drove a vehicle off the highway and struck a guardrail. Proceeding on the theory that a phantom motorist caused the accident, Rodarte filed this lawsuit against her insurer, State Farm Mutual Automobile Insurance Company, under ber policy’s uninsured motorist (UM) coverage. Rodarte also claimed the guardrail was improperly constructed and included the Kansas Department of Transportation (KDOT), Ashland-Warren, Inc., and Ashland Oil, Inc. as defendants. Rodarte setded with KDOT. The district court granted Ashland’s…