MONTEZ v. TONKAWA VILLAGE APARTMENTS

No. 47,304

215 Kan. 59 (1974)

523 P.2d 351

EVELYN SUE MONTEZ and MANUEL J. MONTEZ, Appellees, v. TONKAWA VILLAGE APARTMENTS, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed June 15, 1974.


Attorney(s) appearing for the Case

David R. Frensley, of Sheffrey, Ryder, Skeer, Krigel and Rose, of Kansas City, Missouri, argued the cause, and Timothy J. Evans, of Loughbom and Docking, of Kansas City, Kansas, was with him on the brief for the appellant.

Robert V. Wells, of Kansas City, Kansas, argued the cause, and Samuel J. Wells, also of Kansas City, Kansas, was with him on the brief for the appellees.


The opinion of the court was delivered by

FOTH, C.:

The determinative issue in this case is whether the trial court abused its discretion in refusing to set aside a default judgment on the defendant's plea of inadvertence and excusable neglect.

On December 27, 1971, the plaintiff Evelyn Montez slipped and fell on some icy steps leading to her third floor apartment. On March 28, 1972, she brought this suit for...

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