LOCKE v. KANSAS FIRE & CAS. CO.

No. 54,622

8 Kan. App. 2d 678 (1983)

665 P.2d 776

JOHN LOCKE, Appellant, v. KANSAS FIRE AND CASUALTY CO., ROBERT L. KITT, GAY AND TAYLOR, INC., and ABILENE INN, INC., Appellees.

Court of Appeals of Kansas.

Opinion filed June 30, 1983.


Attorney(s) appearing for the Case

George Rickey Robertson, of Salina, for the appellant.

Michael K. Seck and Larry G. Pepperdine of Fisher, Patterson, Sayler & Smith, of Topeka, for the appellee Kansas Fire and Casualty Company.

John D. Conderman of Arthur, Green, Arthur & Conderman, of Manhattan, for the appellees Robert L. Kitt and Gay and Taylor, Inc.

Robert Adrian of King, Stokes, Nitz & Adrian, Chartered, of Salina, for the appellee Abilene Inn, Inc.

Before REES, P.J., SPENCER and SWINEHART, JJ.


SPENCER, J.:

Plaintiff has appealed from an order which dismissed this action without prejudice and which provided, as a condition to refiling, that he pay fees and expenses incurred by defendants, all as a sanction imposed pursuant to K.S.A. 60-237(d) for failure of plaintiff to attend his own deposition. The sole issue presented is whether doing so was an abuse of judicial discretion.

Plaintiff filed this action December 16, 1981, alleging a release...

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