Lanning v. Anderson

1 REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated June 11, 1996, pursuant to Rule 7.04 (1995 Kan. Ct. R. Annot. 40). This is a personal injury action arising from a discus hitting Marcus J. Lanning during track practice. Jeff Anderson and the Board of Education of Unified School District No. 447 (School District) appeal from the district court's refusal to grant a directed verdict on the grounds there was not sufficient evidence upon which a reasonable jury could base a finding of gross and wanton negligence as required for liability under the recreational use exception of the Kansas Tort Claims Act (KTCA), K.S.A.