SMITH v. MARSHALL

No. 49,096

2 Kan. App. 2d 213 (1978)

577 P.2d 362

SYLVESTER SMITH, JR., Appellant, v. KEVIN P. MARSHALL, a Minor, by Gloria A. Marshall, his Natural Mother and Next Friend, Appellees. Reversed, .

Court of Appeals of Kansas.

Opinion filed April 14, 1978.


Attorney(s) appearing for the Case

Fred W. Phelps, Jr., and Betty Joan Phelps, of Fred W. Phelps, Chartered, of Topeka, for the appellant.

Harold S. Youngentob and Thomas E. Wright, of Goodell, Casey, Briman & Cogswell, of Topeka, for the appellee.

Before FOTH, C.J., ABBOTT and PARKS, JJ.


PARKS, J.:

This is an action brought pursuant to the Kansas Automobile Injury Reparations Act, K.S.A. 1975 Supp. 40-3101, et seq., commonly known as the Kansas No-Fault Insurance Act. Summary judgment for the defendant was entered on April 19, 1977. Plaintiff appeals.

As we turn to the factual background of this dispute, we should be mindful of the rules relating to the granting and appellate review of summary judgments. K.S.A. 60-256(c) provides...

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