[Download] "Winner v. Ratzlaff" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Winner v. Ratzlaff
- Author : Supreme Court of Kansas
- Release Date : January 20, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The opinion of the court was delivered by This action was commenced initially as one for damages for the wrongful death of plaintiff's wife, who was struck and killed while walking across a street. Plaintiff later joined as a party defendant the insurance carried providing him and his wife with uninsured motorist coverage. In a jury trial ordered over plaintiff's objection on the separate issue of liability, the jury returned special verdicts that the uninsured motorist was not negligent and that plaintiff's decedent was contributorily negligent at the time she was struck. Pursuant to pretrial order the fact that the insurance company was a party to the litigation or the existence of uninsured motorist coverage was not disclosed to the jury. Plaintiff has appealed from the adverse judgment rendered on the jury's special verdicts. We first recite the facts of the collision. On February 17, 1969, at about 6:55 p.m., Mary Ellen Winner, age sixty-six, was driven by her husband to her home at 206 Main street, Inman, Kansas. The Winner home was on the east side of the block. The Winner automobile had been driven southward down this block and had been stopped near the west curb across from the Winner home. Mrs. Winner, who was wearing dark clothing, got out of the Winner vehicle and plaintiff drove southward on Main street in order to park the car in the alley behind the Winner house. During this time defendant Lowell Ratzlaff, age seventeen, was driving his vehicle north on Main street toward the 200 block thereof at a speed of about thirty miles per hour. He observed the Winner car parked on the west side of Main street and saw it drive toward him. Apparently [211 Kan. 61]
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