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Scott v. McGaugh

506 P.2d 1155 (1973)

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Scott v. McGaugh

Kansas Supreme Court

506 P.2d 1155 (1973)

Facts

C. Kirk Scott (plaintiff) was a passenger in an automobile owned and operated by Dennis McClure. Scott was injured when McClure’s automobile was involved in an accident with an automobile driven by Leon L. McGaugh (defendant). At the time of the accident, Scott and McClure were calling on insurance prospects. Scott sued McGaugh for his injuries. During the trial, the jury was instructed that as a matter of law, Scott and McClure were engaged in a joint venture when the accident occurred and, therefore, McClure’s negligence, if any, was imputable to his passenger Scott. The jury returned a verdict for McGaugh. Scott appealed.

Rule of Law

Issue

Holding and Reasoning (Fromme, J.)

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