(Download) "Schmidt v. Martin" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Schmidt v. Martin
- Author : Supreme Court of Kansas
- Release Date : January 09, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The opinion of the court was delivered by This is an action brought by Clifford Schmidt and Shirley Schmidt, appellants and plaintiffs below, against Charles K. Martin, appellee-defendant, to recover damages for the wrongful death of their son, Gregory Scott Schmidt. The case was tried to a jury in the district court resulting in a verdict in favor of the defendant. The facts are not greatly in dispute and are substantially as follows: Mr. and Mrs. Schmidt, who will be referred to as the plaintiffs, were the parents of Gregory, a nine-year-old boy. On November 21, 1969, at about 3 o'clock p.m., Mr. Schmidt stopped at the home of his brother, Gary Schmidt, and advised the boy's uncle that he was going to drive his wife and three children to Hutchinson to pick up a car that was being repaired. Gary Schmidt, who was age 22 at the time, suggested that the Schmidts leave the children with him while the parents went to get the car. The plaintiffs decided to leave Gregory with [212 Kan. 374] Uncle Gary. The evidence discloses that the uncle had taken care of Gregory on other occasions. There was no discussion between the boy's uncle and father as to where the uncle would take the child, nor did Mr. Schmidt give any instructions as to how Gary should take care of Gregory. That same evening at 6:30 p.m. an automobile collision occurred which resulted in the death of young Gregory. The evidence at the trial disclosed that the boy was a passenger in an automobile driven by his uncle, Gary Schmidt, which collided at an intersection with an automobile driven by Charles K. Martin, the appellee-defendant. The evidence in the case indicated that the defendant Martin was negligent in making a left-hand turn in front of the uncle's car and that the uncle was also negligent in driving at an excessive rate of speed. As stated heretofore the jury brought in a verdict in favor of the defendant Martin. The plaintiffs as parents of the deceased child have brought a timely appeal to this court.
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