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LEMLEY v. PENNER

No. 50,805

230 Kan. 25 (1981)

630 P.2d 1086

TROY E. LEMLEY, an infant, by and through Garland Lemley, his Guardian, Plaintiff-Appellee, and GARLAND LEMLEY, Plaintiff, v. LOUIS R. PENNER, Defendant-Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1981.

Attorney(s) appearing for the Case

Michael H. Farley, of Prairie Village, argued the cause, and Andrew D. Lyons, of Prairie Village, was with him on the brief for the appellee.

Park McGee, of Olathe, argued the cause and Robert Owen Watchous, of Olathe, was with him on the brief for the appellant.

The opinion of the court was delivered by

HERD, J.:

Defendant-appellant, Louis R. Penner, appeals from a jury verdict in the amount of $8,000 in favor of Troy E. Lemley, plaintiff-appellee, for injuries sustained as a result of a fall through an interior wall of the house rented by the Lemley family from Penner. In an unpublished opinion, the Court of Appeals affirmed the award of damages to Troy Lemley. We granted Penner's petition for review to resolve the...

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