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Thornton v. Shore
Citations: 232 Kan. 394; 654 P.2d 475; 1982 Kan. LEXIS 363Docket: No. 54,477
Court: Supreme Court of Kansas; December 2, 1982; Kansas; State Supreme Court
A wrongful death action was initiated following a high-speed police chase involving Victor L. Shore, a University of Kansas police officer, and Donald Bender, who was driving a Jeep and had been speeding. On November 18, 1979, Shore attempted to stop Bender, who accelerated, leading to a pursuit at speeds up to 70 m.p.h. Bender collided with a Chevrolet Monza driven by Kenneth McCue III, resulting in the deaths of McCue and his passenger, Margie Thornton. Bender faced involuntary manslaughter charges after it was revealed he had consumed alcohol and marijuana. On August 7, 1980, Charles Thornton filed a wrongful death lawsuit against Bender, Shore, and McCue's estate. Shore claimed immunity under the Kansas Tort Claims Act, specifically citing provisions related to law enforcement actions and the discretionary functions of governmental entities. In January 1981, Thornton moved for summary judgment, which Shore contested, arguing that Thornton had not established a negligence claim and asserting his immunity under various sections of the Act. The trial court, having limited evidence available, ruled in favor of Shore on March 5, 1981, stating there was no indication he had acted without due regard for safety. This ruling was appealed. The court's precedent establishes that if justices are equally divided in their conclusions regarding an appeal, the trial court's judgment stands. In this case, three justices favored affirming the trial court's decision, while three opposed it, resulting in an affirmation by an equally divided court. Justice Fromme did not participate in the decision.