![Kleibrink v. Missouri-Kansas-Texas Railroad Co.](/assets/artwork/1x1-42817eea7ade52607a760cbee00d1495.gif)
![Kleibrink v. Missouri-Kansas-Texas Railroad Co.](/assets/artwork/1x1-42817eea7ade52607a760cbee00d1495.gif)
![](/assets/artwork/1x1-42817eea7ade52607a760cbee00d1495.gif)
![](/assets/artwork/1x1-42817eea7ade52607a760cbee00d1495.gif)
Kleibrink v. Missouri-Kansas-Texas Railroad Co.
224 Kan. 437, 581 P.2d 372, KS.0042206(1978)
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Publisher Description
The opinion of the court was delivered by This is an appeal from an action to recover for the wrongful death of plaintiffs-appellees' decedent, Royal Edward Kleibrink, who was killed when his car collided with a train owned and operated by the Missouri-Kansas-Texas Railroad Company, Inc., defendant-appellant. The case was tried under our new comparative negligence statute. The jury found the railroad 100 percent negligent and awarded damages in the amount of $101,807. The appellant asserts the trial court erred in limiting opinion testimony by its expert witness; in denying its requested instructions; and in refusing to reduce the damages to $50,000 plus funeral expenses as the limit for wrongful death. It also complains of misconduct by opposing counsel in his closing argument and challenges the sufficiency of the evidence.