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THOMPSON v. JAMES

No. 49,988

3 Kan. App. 2d 499 (1979)

597 P.2d 259

CECILIA M. THOMPSON, Appellant, v. JEFFREY H. JAMES, Appellee.

Court of Appeals of Kansas.

Petition for review denied September 11, 1979.

Attorney(s) appearing for the Case

Bruce F. Landeck, of Overland Park, and Lyndus A. Henry, of Olathe, for the appellant.

Robert B. Van Cleave, of McAnany, Van Cleave & Phillips, of Prairie Village, for the appellee.

Before PARKS, P.J., ABBOTT and SWINEHART, JJ.

PARKS, J.:

This is an appeal by plaintiff-appellant in an action for negligent trespass. The trial court granted summary judgment in favor of the defendant on the ground that the plaintiff was not the real party in interest and was therefore barred from bringing the action by K.S.A. 60-217(a).

The facts are simple and are not in dispute. On December 28, 1974, the home of Cecilia Thompson was struck by...

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