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Keywords

plaintiffdamagesliabilitystatutesummary judgmentcorporation
contracttrialmotionsummary judgmentcorporationcontractual obligationmotion for summary judgment

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Brown v. Wichita State University, 219 Kan. 2, 547 P.2d 1015

Facts

Actions were brought against Wichita State University and its Physical Education Corporation for damages resulting from an airplane crash involving the university's football team. The Sedgwick District Court initially granted summary judgment in favor of the university and the Physical Education Corporation. However, this decision was reversed and remanded by the Supreme Court, which addressed the issue of governmental immunity and the legislature's authority to reimpose it. The court found that the failure of the university to procure passenger liability insurance rendered it liable for damages.

Physical Education Corporation is agent of Wichita State University, and its athletic director, as officer of corporation, had implied power and authority to bind his principal, the University, when he executed aviation service agreement.

Issue

Does the legislature have the constitutional authority to reimpose governmental immunity after it has been abrogated by the court?

Where the court abrogates judicially imposed governmental immunity does the Legislature have the constitutional authority to reimpose governmental immunity?

Rule

The legislature has the constitutional authority to reimpose governmental immunity, provided that it does not violate constitutional rights. The separation of powers doctrine allows the legislature to resolve policy questions related to governmental immunity, and the constitutionality of a statute is presumed, requiring clear evidence of a violation to strike it down.

Analysis

In applying the rule to the facts, the court noted that the legislature's reimposition of governmental immunity was within its constitutional authority. The court emphasized that the failure to procure insurance by the university's agents created liability, thus supporting the plaintiffs' claims. The court also highlighted that the statute's constitutionality must be upheld unless it is clearly shown to violate constitutional provisions.

Conclusion

The court reversed the summary judgment in favor of the university and the Physical Education Corporation, reaffirming the authority of the legislature to impose governmental immunity while recognizing the university's liability for failing to secure insurance.

Judgment granting motion for summary judgment reversed.

Who won?

The plaintiffs prevailed in this case as the Supreme Court reversed the summary judgment that had been granted to Wichita State University and its Physical Education Corporation. The court's decision underscored the importance of the university's obligation to procure insurance for the safety of its football team, which was not fulfilled, leading to liability for damages resulting from the crash.

The court reaffirms its decision holding that the trial court erroneously granted summary judgment, and it reaffirms the first thirteen syllabi and the corresponding portions of the opinion in Brown v. Wichita State University, 217 Kan. 279, 540 P.2d 66, pertaining to third party beneficiaries, agency relationships and contractual obligations.

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