Gardner v. Pereboom

Supreme Court of Kansas

Gardner v. Pereboom

398 P.2d 300, 194 Kan. 239

CourtSupreme Court of Kansas

DecidedJanuary 23, 1965

DocketNo. 43,909

StatusPublished

This text of 398 P.2d 300 (Gardner v. Pereboom) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gardner v. Pereboom, 398 P.2d 300, 194 Kan. 239 (kan 1965).

Pincite

Opinion

The opinion of the court was delivered by

Hatcher, C.:

Evanne Gardner brought this action to recover damages for the loss of service and medical expense resulting from the injury to her 14 year old son in an automobile collision. Her claim for loss of services was later withdrawn. The case was consolidated with others and the trial resulted in a verdict and judgment for the defendant. The plaintiff has perfected this appeal challenging the order of consolidation and other rulings.

For all practical purposes the issue raised by this appeal is the same as the one involved and determined in Gardner v. Pereboom, 194 Kan. 231, 398 P. 2d 293, this day decided. Therefore based on what is said and held in that opinion the judgment in the instant case must be reversed with instructions to grant a separate trial.

It is so ordered.

APPROVED BY THE COURT.

Price, Fatzer and Schroeder JJ., dissent.

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