Mayer v. Harris, 48634
| Decision Date | 10 June 1978 |
| Docket Number | No. 48634,48634 |
| Citation | 579 P.2d 715,224 Kan. 231 |
| Parties | Susan J. MAYER and Kenneth Rogers, Appellants, v. Edgar Alvin HARRIS, Appellee. |
| Court | Kansas Supreme Court |
Syllabus by the Court
1. A nonresident owner of a motor vehicle operated on the highways and public property of this state is subject to the provisions of K.S.A.1974 Supp. 40-3101, et seq. (now K.S.A.1977 Supp. 40-3101, et seq.).
2. K.S.A.1974 Supp. 40-3101, et seq., the Kansas Automobile Injury Reparations Act, does not preclude an action for actual expenses and pecuniary loss resulting from a collision, even when the threshold provisions of K.S.A.1974 Supp. 40-3117 have not been met.
3. K.S.A.1974 Supp. 40-3117 prohibits a person from bringing a cause of action in tort for pain, suffering, mental anguish, inconvenience and other nonpecuniary loss unless the injury results in (1) at least $500.00 in medical expenses; (2) permanent disfigurement; (3) fracture of a weight-bearing bone; (4) a fracture which is compound, comminuted, displaced or compressed; (5) loss of a body member; (6) permanent injury; (7) permanent loss of a bodily function; or (8) death.
Andrew D. Lyons, Prairie Village, argued the cause and was on the brief for appellants.
John E. Redmond, Kansas City, Mo., argued the cause and Walter Fuller, Jr., of Kansas City, was with him on the brief for appellee.
This is an appeal from summary judgment entered in favor of defendant Edgar Alvin Harris in a personal injury case.
The accident giving rise to this lawsuit took place on October 23, 1974, in Wyandotte County. Plaintiffs were Missouri residents. They had rented an automobile in Missouri and were driving it in Kansas City, Kansas, when it was struck by defendant. Defendant, a Florida resident, was also driving a car rented in Missouri.
As a result of the accident plaintiffs received injuries and were taken by ambulance to a hospital. Neither plaintiff incurred medical expenses or suffered an injury which would permit him to sue for pain, suffering, mental anguish, inconvenience or other nonpecuniary loss under the provisions of K.S.A.1974 Supp. 40-3117 (now K.S.A.1977 Supp. 40-3117).
On December 17, 1975, plaintiffs filed this action seeking recovery for pain, suffering, mental anguish, lost wages and medical expenses. On July 26, 1976, defendant filed a motion for summary judgment, alleging plaintiffs were subject to the Kansas Automobile Injury Reparations Act (), and their injuries were not of the kind and nature which entitled them to bring suit against defendant. The trial court agreed and entered judgment for defendant.
K.S.A.1974 Supp. 40-3117, effective February 22, 1974, states:
"In any action for tort brought against the owner, operator or occupant of a motor vehicle or against any person legally responsible for the acts or omissions of such owner, operator or occupant, a plaintiff may recover damages in tort for pain, suffering,...
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...named insured that, under K.S.A. 40-3103(k), include medical benefits up to $2,000. Based upon the above-referenced statutes and Mayer v. Harris, 224 Kan. 231, Syl. p 1, 579 P.2d 715 (1978), we conclude that a nonresident owner of a motor vehicle operated on the highways of this state is su......
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Dinesen v. Towle
...and pecuniary losses resulting from the accident even though the threshold provisions of 40-3117 have not been met. Mayer v. Harris, 224 Kan. 231, 233, 579 P.2d 715 (1978). While the insurer may bring suit, this may only be done after the injured party has had eighteen months to act and has......
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Key v. Clegg
...of such owner, operator or occupant, even when the threshold provisions of 1978 Supp. 40-3117 have not been met. Mayer v. Harris, 224 Kan. 231, 579 P.2d 715 (1978). The trial court emphasized that the jury had specifically found that the plaintiff did not suffer permanent injury. In reducin......
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McGarry v. Skogley
...New Jersey, or Kansas. (See, E. g., Kansas Statutes Annotated, § 40-3113(a), relating to remedies under no-fault, and Mayer v. Harris, 224 Kan. 231, 579 P.2d 715 (1978), indicating that the Kansas no-fault act does not preclude an action for actual expenses and pecuniary loss even when the ......