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GIDEON v. GATES

No. 50,623

5 Kan. App. 2d 23 (1980)

611 P.2d 166

LLOYD E. GIDEON, Appellant, v. THOMAS E. GATES and RONALD W. REED, Appellees.

Court of Appeals of Kansas.

Opinion filed May 23, 1980.

Attorney(s) appearing for the Case

Donald Patterson of Fisher, Patterson, Sayler & Smith, of Topeka, for the appellant.

John A. Bausch of Ascough, Bausch, Eschmann, of Topeka, and George Ferrell, Jr., of Benfer and Ferrell, of Topeka, for the appellee Thomas E. Gates.

Before FOTH, C.J., REES and SPENCER, JJ.

Petition for review denied 228 Kan. 806.

SPENCER, J.:

Plaintiff seeks to recover damages allegedly sustained as a result of a collision of automobiles, one of which was owned by defendant Reed and was then being driven by defendant Gates. Plaintiff dismissed as to Reed and the trial court entered summary judgment in favor of defendant Gates on grounds the action was barred by the provisions of K.S.A. 60-513(a)(4). Plaintiff has appealed.

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