Alcaraz v. Welch

The opinion of the court was delivered by In this action the plaintiff seeks to recover for personal
injuries allegedly sustained while riding his motorcycle which
collided with a stray grocery cart on Kellogg Street in the city
of Wichita, Kansas. The trial court sustained the defendant's
motion for summary judgment, and appeal has been duly perfected. The basic question is whether an agency relationship has been
established by the record between the owner/occupant and the
driver of a vehicle allegedly responsible for causing the grocery
cart to be in the street.