Supreme Court of Kansas
Lester Secrist and Neva Secrist, Appellants v. George W. Turley and Joe Lee, Appellees
April 9, 1966196 Kan. 572
Summary
The Kansas Supreme Court reversed the trial court’s summary judgment, holding that genuine issues of material fact existed regarding the defendants’ negligence, the proximate cause of the decedent’s death, and the decedent’s contributory negligence. The court explained the proper application of K.S.A. 60‑256(c) and affirmed that summary judgment is improper where any material fact is in dispute.
Holding
- Whether a genuine issue of material fact existed as to the negligence of the appellees and its proximate causation of the decedent’s death. Yes, a genuine issue of material fact existed; the summary judgment was improper.
- Whether the decedent, Gary Secrist, was contributorily negligent as a matter of law. No, contributory negligence is a factual issue and therefore a genuine issue of material fact exists.
- Whether the trial court erred in granting summary judgment in favor of the defendants. Yes, the trial court erred; the summary judgment is reversed and the case remanded for trial.
Docket 44,426
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