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eBook details

• Title: Southard v. Lira
• Author : Supreme Court of Kansas
• Release Date : January 14, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

The opinion of the court was delivered by This is a personal injury action brought by the passenger of one automobile against the driver of another automobile. The plaintiff-passenger was Barbara Southard who will be referred to as the plaintiff or appellee. The defendant-driver was Pedro Lira who will be referred to as the defendant or appellant. The case was tried to a six-member jury and resulted in a verdict in favor of the plaintiff in the amount of $15,000. The defendant has appealed to this court. The facts in the case are not in dispute and essentially are as follows: Barbara Southard lives in Waverly, Kansas, and works at Osage City. Marie Smith also lives in Waverly and works at Osage City. For approximately eight or nine months prior to the accident Marie Smith had been driving plaintiff to work. The plaintiff had had surgery and also her car was not working. Plaintiff paid Mrs. Smith a dollar per day for the ride. On December 9, 1969, Marie Smith was driving her vehicle in a westerly direction on highway K 31 toward Osage City with plaintiff as her passenger. The accident occurred at approximately 6:30 a.m. It was dark at the time of the accident and there was some snow remaining in the ditch and on the shoulder of the highway. The pavement was damp but not freezing.

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