![]() SIX, J.: This is a personal injury and wrongful death case. The opinion of the court was delivered by Tanner, of the same firm, was with him on the brief for appellee. Philip Davidson, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, argued the cause, and Arlen L. Pottroff, of Myers, Pottroff & Ball, of Manhattan, argued the cause and was on the brief for appellant Rothlisberger. Pope, of the same firm, was with him on the brief for appellant Howell. ![]() Crowl, of Dickson & Pope, P.A., of Topeka, argued the cause, and Judy A. In a personal injury and wrongful death case against a defendant college based on the death of one scholarship athlete and injury to another when struck from behind by a truck while on a mandatory conditioning run, the record is examined and it is held, the district court did not err in: (1) instructing the jury on the duty owed by the college to the athletes, but refusing to instruct on the many specific duties plaintiffs contended the college owed, (2) allowing defense counsel examination of certain witnesses, (3) allowing a defense counsel opening statement comment to be made to the jury, (4) restricting cross-examination of a defense expert, (5) finding no jury misconduct, (6) instructing the jury on pecuniary loss, (7) restricting cross-examination of a witness about certain deposition testimony, (8) allowing use of certain deposition testimony, and (9) finding no violation of a motion in limine.Īppeal from Sedgwick district court, GREGORY L. ![]() IN THE SUPREME COURT OF THE STATE OF KANSASĭeceased, by and through Diana Rothlisberger,Īdministrator of the Estate of Kimberly Rothlisberger ![]()
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