Schaeffer v. Kansas Dept. of Transportation

The opinion of the court was delivered by The Kansas Department of Transportation (DOT) and the Secretary of Transportation, defendants below, appeal from a jury verdict in favor of the plaintiff-appellee, Dorothy Schaeffer. Defendants will hereafter be referred to as DOT, the defendant or appellant. Plaintiff recovered a jury verdict for personal injuries received in a three-car collision on U.S. Highway 77-56 near Lincolnville. Plaintiff, pursuant to K.S.A. 1978 Supp. 68-419 (repealed, L. 1979, ch. 186, § 33), brought her action based upon a defect in the highway. Defendant contended no defect existed and plaintiff's injuries were the result of her husband's negligence in the driving of his vehicle. On the night of April 1, 1975, plaintiff was a passenger in an automobile driven by her husband. At about 10:30 p.m., while traveling south on Highway 77-56 approximately three miles north of Lincolnville, the Schaeffer vehicle slid across the center line on the ice-covered highway, struck the left front of an oncoming vehicle and then struck a third vehicle which had also been proceeding north. The third vehicle was stopped, waiting to make a left turn into private property. Michael Schaeffer, driving [227 Kan. 510]