MIOTK v. RUDY

No. 51,097

4 Kan. App. 2d 296 (1980)

605 P.2d 587

IRENE MIOTK, Appellant, v. VERNON F. RUDY, Appellee.

Court of Appeals of Kansas.

Petition for review denied March 7, 1980.


Attorney(s) appearing for the Case

Jeffrey O. Ellis and Reid F. Holbrook, of Steineger and Holbrook, of Kansas City, for the appellant.

Bill E. Fabian, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for the appellee.

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


SWINEHART, J.:

Plaintiff appeals from the denial of a K.S.A. 60-260(b) motion to set aside a judgment of dismissal of her cause of action against defendant. The sole question on appeal is whether the trial court abused its discretion in denying the motion.

Plaintiff was allegedly injured when the vehicle in which she was a passenger was struck by a vehicle driven by defendant. Plaintiff retained John...

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