Ellis v. Union Pacific Railroad Co., 53549

Citation232 Kan. 194,653 P.2d 816
Decision Date16 November 1982
Docket NumberNo. 53549,53549
PartiesConnie ELLIS, et al., Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellant, and City of Onaga, Mill Creek Township, and Pottawatomie County, Kansas, Appellees.
CourtUnited States State Supreme Court of Kansas
OPINION ON REHEARING

SCHROEDER, Chief Justice:

In this comparative negligence action the original opinion, 231 Kan. 182, 643 P.2d 158, affirming the trial court was filed April 3, 1982. Thereafter, a "MOTION FOR REHEARING OR MODIFICATION" was filed April 22, 1982, by the Union Pacific Railroad. After response thereto by the city of Onaga, Mill Creek Township and Pottawatomie County, and the filing of a memorandum brief of amicus curiae, Insurance Company of North America, in support of the motion for rehearing, and the city of Onaga's reply thereto, the court on July 1, 1982, granted the motion for rehearing and scheduled oral arguments for the week of October 18, 1982. In its order the court requested all parties, amici curiae Insurance Company of North America, Kansas Trial Lawyers Association and Kansas Association of Defense Counsel to brief by August 16, 1982, nine specified issues in addition to such other issues each believed necessary for an appropriate rehearing of the appeal. Reply briefs by the parties or amici were to be filed by September 7, 1982.

Prior to rehearing leave was granted for the filing of additional briefs by amici as follows: Kansas Association of Property and Casualty Insurance Companies, Inc., and Arthur W. Douville.

On October 7, 1982, by reason of the illness of Justice Alex M. Fromme of the Kansas Supreme Court, the Honorable William D. Clement, District Judge, Division 2 of the Geary County District Court, was...

To continue reading

Request your trial
18 cases
  • Dodge City Implement v. Board of Com'Rs
    • United States
    • Kansas Supreme Court
    • April 24, 2009
    ...v. Learned, 237 Kan. 320, 699 P.2d 35 (1985); Ellis v. Union Pacific R.R. Co., 231 Kan. 182, 643 P.2d 158, aff'd on rehearing 232 Kan. 194, 653 P.2d 816 (1982); and Kennedy v. City of Sawyer, 228 Kan. 439, 618 P.2d 788 (1980). The panel concluded "[A] defendant seeking to minimize its liabi......
  • St. Francis Regional Medical v. Critical Care
    • United States
    • U.S. District Court — District of Kansas
    • October 14, 1997
    ...position. ii. Impact of Adoption of Comparative Fault Ellis v. Union Pac. R.R. Co., 231 Kan. 182, 643 P.2d 158, aff'd on reh'g, 232 Kan. 194, 653 P.2d 816 (1982), and Teepak, Inc. v. Learned, 237 Kan. 320, 699 P.2d 35 (1985), analyze the effect of the adoption of comparative fault on contri......
  • Watco Cos. v. Campbell
    • United States
    • Kansas Court of Appeals
    • April 1, 2016
    ...has no claim to settle but his own.” Ellis v. Union Pacific R.R. Co., 231 Kan. 182, 192, 643 P.2d 158, aff'd on rehearing 232 Kan. 194, 653 P.2d 816 (1982).Over the next 25 years, additional clarifications were adopted by various Kansas courts.• Postsettlement Contribution More Accurate Ter......
  • Haysville U.S.D. No. 261 v. GAF Corp.
    • United States
    • Kansas Supreme Court
    • June 10, 1983
    ...decision of the Kansas Supreme Court on rehearing in Ellis v. Union Pacific R.R. Co., 231 Kan. 182, 643 P.2d 158 (1982), aff'd 232 Kan. 194, 653 P.2d 816 (1982). On October 6, 1982, the case was transferred from the Court of Appeals to the Kansas Supreme In the original specifications for r......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT