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PESTOCK v. STATE FARM AUTO. INS. CO.

No. 55,155

9 Kan. App. 2d 188 (1984)

674 P.2d 1062

JOSEPHINE L. PESTOCK, Appellant, v. STATE FARM AUTOMOBILE INSURANCE COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed January 19, 1984.

Attorney(s) appearing for the Case

John H. Fields, of Carson, Fields, Boal, Jeserich and Asner, of Kansas City, for the appellant.

Gerald L. Rushfelt, of Rushfelt, Mueller, Druten and Moran, of Overland Park, for the appellee.

Before ABBOTT, P.J., PARKS, J., and HARRY G. MILLER, District Judge Retired, assigned.

Per Curiam:

This is an action brought by plaintiff to recover no-fault benefits from the defendant insurance company. The plaintiff has appealed from an order of the court sustaining the defendant's motion to dismiss.

The lawsuit arises out of an incident that occurred in front of plaintiff's house in which plaintiff's minor daughter was struck and fatally injured by a car being driven by George Mitchell. Plaintiff neither observed nor heard the accident...

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