to K.S.A. 40-3117, the injured person ... shall have the right to pursue his ... remedy by proper action in a court of competent jurisdiction against such tortfeasor." (Emphasis added.) In addition to the provisions of K.S.A. 40-3117 regarding its applicability to nonpecuniary loss claims and the threshold requirement for the assertion of such claims, K.S.A. 40-3117 designates the tortfeasor with respect to whom that section applies; that party is "the owner, operator or occupant of a motor vehicle or ... any person legally responsible for the acts or omissions of such owner, operator or occupant ..." K.S.A. 40-3113a(b), the statutory subrogation provision, begins, "In the event of recovery from such tortfeasor ...." (Emphasis added.) The tortfeasor referred to is unmistakably the "owner, operator or occupant of a motor vehicle or ... any person legally responsible" for his acts, the same party described as *48 "such tortfeasor" at the conclusion of K.S.A. 40-3113a(a) and who is identified by the reference in K.S.A. 40-3113a(a) to K.S.A. 40-3117.
In the instant action, the tortfeasor against whom the insured's action was brought was the owner of the steer and that tortfeasor's liability did not arise out of operation or use of a motor vehicle but rather out of violation of statutes which prohibit allowing cattle to run at large. K.S.A. 47-122; K.S.A. 47-311.
Under the plain statutory language, intervenor Farm Bureau has no right of subrogation to plaintiff's recovery from the owner of the steer.
Affirmed.