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Brown v. Keill
Kansas Supreme Court
580 P.2d 867 (1978)
Britt Brown (plaintiff) loaned his car to his son, Britt M. Brown. While driving his father’s car, Britt M. got into an accident with another car, which was driven by Patricia Keill (defendant). The repairs to Brown’s car totaled $5,423. Brown sued Keill. Keill did not seek to join Britt M. to the action. The trial court found that Britt M. was responsible for 90 percent of the causal negligence leading to the collision, and Keill was responsible for 10 percent. Consequently, the trial court found that Brown was entitled to $542.30 from Keill, or 10 percent of the total cost of repairs. Brown appealed, arguing that under common law, Keill was jointly and severally liable for the full cost of repairs.
Rule of Law
Holding and Reasoning (Fromme, J.)
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