578 P.2d 689 (Kan. 1978), 48587, Crowley v. Ottken

Docket Nº:48587.
Citation:578 P.2d 689, 224 Kan. 27
Party Name:Theresa L. Yocum CROWLEY, Appellant, v. Roylenne K. OTTKEN, Appellee.
Attorney:[6] David L. McLane, of Gendusa, McCurdy, and McLane, of Pittsburg, argued the cause, and was on the brief for the appellant. Charles L. Davis, Jr., of Gray, Freidberg, Davis, and Unrein, of Topeka, argued the cause, and J. Franklin Hummer, of the same firm, was with him on the brief for the appe...
Case Date:May 06, 1978
Court:Supreme Court of Kansas
 
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Page 689

578 P.2d 689 (Kan. 1978)

224 Kan. 27

Theresa L. Yocum CROWLEY, Appellant,

v.

Roylenne K. OTTKEN, Appellee.

No. 48587.

Supreme Court of Kansas

May 6, 1978

Syllabus by the Court

In an action for damages arising out of a collision between a motorcycle and an automobile, the record is examined and it is held: The district court did not commit

Page 690

prejudicial error (1) in submitting to the jury as an issue of fact the question of the passenger's contributory negligence or the negligence of the driver of the automobile, (2) in giving an instruction on the doctrine of sudden emergency, or (3) in refusing to permit a juror to impeach his verdict or to grant a mistrial.

David L. McLane, of Gendusa, McCurdy, & McLane, Pittsburg, argued the cause, and was on the brief for appellant.

Charles L. Davis Jr., of Gray, Freidberg, Davis, & Unrein, Topeka, argued the cause, and J. Franklin Hummer, Topeka, was with him on the brief for appellee.

PRAGER, Justice:

This is an action to recover damages for personal injuries arising from a collision between a motorcycle and an automobile at an intersection near Lake Shawnee in Shawnee county. The plaintiff, Theresa L. Crowley, was a passenger on a motorcycle driven by Charles Brockman. The defendant, Roylenne K. Ottken, was the driver of the automobile. The case was tried to a jury which brought in a general verdict in favor of the defendant. The plaintiff Crowley has appealed to this court claiming trial errors.

The factual circumstances which brought about the collision were not greatly in dispute. The accident occurred on a lake entrance road which begins at a T-intersection with Croco road and runs westerly toward Lake Shawnee. Approximately 500 feet west of Croco road, the lake entrance road forms a "Y" shaped intersection with two roads which run to the right and left. The posted speed limit in the area is 25 miles per hour. The intersection presented a very dangerous situation because there were no traffic control devices to warn or direct operators of vehicles as they approached the intersection.

Just prior to the collision, the Brockman motorcycle was following another motorcycle driven by Frank Zeckmeister heading [224 Kan. 28] in a westerly direction toward the "Y" intersection. At the same time, the defendant was driving her automobile at a slow speed approaching the intersection from a northwesterly direction. The Zeckmeister motorcycle reached the intersection ahead of the Brockman vehicle and was able to clear the intersection on the road extending to the southwest. The speed of the Brockman motorcycle, on which the plaintiff...

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