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MERCER v. FRITTS

No. 54,391

236 Kan. 73 (1984)

689 P.2d 774

RENEE GEORGE MERCER, Appellant, v. ELDEN FRITTS and MRS. BETTY FRITTS, Appellees.

Supreme Court of Kansas.

Opinion filed October 26, 1984.

Attorney(s) appearing for the Case

Dan L. Wulz, of Schroer, Rice, Bryan & Lykins, P.A., of Topeka, argued the cause and was on the briefs for appellant.

J. Franklin Hummer, of Davis, Unrein, Hummer & McCallister, of Topeka, argued the cause and was on the briefs for appellees.

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, of Topeka, was on the amicus curiae brief for the Kansas Association of Defense Counsel.

Robert E. Keeshan, of Hamilton, Peterson, Tipton, Muxlow & Keeshan, of Topeka, was on the amicus curiae brief for the Kansas Trial Lawyers Association.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by the plaintiff, Renee George Mercer, from an order of the trial court granting summary judgment in favor of the defendants, Elden Fritts and his wife, Betty Fritts. The Court of Appeals reversed the trial court's order and directed that the case be remanded for further proceedings. Mercer v. Fritts, 9 Kan.App.2d 232,

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