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Vetter v. Morgan

913 P.2d 1200 (1995)

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Vetter v. Morgan

Kansas Court of Appeals

913 P.2d 1200 (1995)

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Facts

Laura Vetter (plaintiff) stopped her van at an intersection around 1:30 a.m. She was alone; the van’s doors were locked and its windows raised. A vehicle driven by Dana Gaither (defendant) with two passengers, Chad Morgan (defendant) and Jerrod Faulkner, pulled alongside Vetter. While Gaither revved the engine and rocked the car back and forth, Morgan made obscene gestures and screamed vulgarities at Vetter. He threatened to remove her from her vehicle, and he spat on her door. Vetter was extremely afraid. When the light changed, both vehicles moved forward. According to Vetter, Gaither suddenly swerved into her lane, causing her to swerve in response. Vetter’s van hit the curb. Her head hit the steering wheel, and she was thrown to the floor of the vehicle. Gaither and Morgan later denied swerving into Vetter’s lane. Morgan further claimed that he did not intend to scare Vetter with his conduct; he was simply amusing his friends without any concern for Vetter’s feelings. Vetter sued Gaither and Morgan for assault and negligence. She settled with Gaither. The trial court granted summary judgment to Morgan. Vetter appealed.

Rule of Law

Issue

Holding and Reasoning (Briscoe, C.J.)

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