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BONEWELL v. CITY OF DERBY

No. 56,643

236 Kan. 589 (1984)

693 P.2d 1179

CAROL BONEWELL, Appellant, v. THE CITY OF DERBY, KANSAS, and THE DERBY JAYCEES, INC., Appellees.

Supreme Court of Kansas.

Opinion filed January 26, 1985.

Attorney(s) appearing for the Case

Stephen B. Plummer, of Rumsey, Richey & Plummer, of Wichita, argued the cause and was on the brief for appellant Carol Bonewell.

Bruce A. Swenson, city attorney, argued the cause, and Daniel C. Bachmann, of Wichita, was on the brief for appellee City of Derby, Kansas.

Eric E. Davis, of McDonald, Tinker, Skaer, Quinn & Herrington, of Wichita, argued the cause, and Alvin D. Herrington, of the same firm, was with him on the brief for appellee The Derby Jaycees, Inc.

The opinion of the court was delivered by

MILLER, J.:

Plaintiff, Carol Bonewell, broke her leg while sliding into home plate during a softball game at Riley Field, in Derby, Kansas. She brought this action against the City of Derby and the Derby Jaycees, Inc. (hereafter, the Jaycees), for damages which she claims she sustained because of their negligence in the maintenance of the ballfield. The trial court sustained motions of the defendants for summary judgment...

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