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OGDEN v. ZEMAN

No. 50,603

3 Kan. App. 2d 718 (1979)

601 P.2d 17

ELLA OGDEN, Appellant, v. REGINALD L. ZEMAN, Individually and d/b/a BROKEN SPOKE TAVERN, Appellee.

Court of Appeals of Kansas.

Opinion filed October 15, 1979.

Attorney(s) appearing for the Case

Ross J. Wichman, of Ryan, Kent & Wichman, Chartered, of Hays, for the appellant.

Thomas L. Toepfer, of Dreiling, Bieker & Kelley, of Hays, for the appellee.

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

PARKS, J.:

Plaintiff Ella Ogden brought this action against Reginald Zeman to recover for injuries she suffered while dancing at Zeman's place of business, the Broken Spoke Tavern in Schoenchen, Kansas. The trial court granted defendant's motion for summary judgment on the ground that plaintiff's status was that of a licensee, and as such, the only duty that was owed her was to refrain from willfully, intentionally or recklessly injuring her. Plaintiff appeals.

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