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LEWIS v. SHUCK

No. 51,936

5 Kan. App. 2d 649 (1981)

623 P.2d 520

BILL LEWIS, Appellant, v. ERVIN SHUCK, Appellee.

Court of Appeals of Kansas.

Petition for review denied February 20, 1981.

Attorney(s) appearing for the Case

Craig Kennedy of Kassebaum & Johnson, of Wichita, for the appellant.

Donald F. Hoffman of Dreiling, Bieker & Kelley, of Hays, for the appellee.

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

SPENCER, J.:

This is an appeal from summary judgment entered in favor of defendant by reason of the limitations prescribed by

K.S.A. 60-513(4). Stipulated facts are:

"1. On October 19, 1975, Plaintiff, who was a passenger in a motor vehicle being operated by Defendant, was injured in a motor vehicle accident near Leoti, Kansas. "2. From December 22, 1976 to May 13, 1977, Plaintiff was imprisoned in the Bexar County, Texas Jail.

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