Date: 03-05-1999

Case Style: Denise I. Ray, individually, and as the parent and natural guardian of Lisa M. Ray, and as the parent and natural guardian of Billie J. Ray v. John W. Caudill

Case Number: 80,068

Judge: Timothy G. Lahey

Court: District Court, Sedgwick County, Kansas

Plaintiff's Attorney: Timothy J. King of Speth, King & Riedmiller and Gary A. Gorman of Law Office of Gary Gorman, Wichita, Kansas

Defendant's Attorney: Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, Kansas and Brad S. Parker, Wichita, Kansas

Description: Automobile Accident - Insurance - The plaintiff's husband/father was killed in an automobile accident while in the course of his employment as a truck driver. The defendant was the driver of the other vehicle. The plaintiffs and defendant agreed on a $2,000,000 settlement and judgment was entered. State Farm would pay $50,000 policy limit for the defendant. Plaintiffs filed garnishment against the decedent’s employer's insurance carrier (Liberty Mutual Fire Insurance Company). Liberty maintained that South Dakota law should apply and not Kansas.

Outcome: The trial court determined that South Dakota law would apply. The trial court awarded summary judgment in the amount of $300,000 comprised of $350,000 South Dakota policy limit minus the $50,000 received from State Farm.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reversed and remanded with directions by the Supreme Court of Kansas. See: 974 P.2d 560 (Kan. 1999). The date above reflects the appellate date, not the original trial date. Reported by bsg.