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SEPULVEDA v. DUCKWALL-ALCO STORES, INC.

No. 56,101

238 Kan. 35 (1985)

708 P.2d 171

FREDA SEPULVEDA, Appellant, v. DUCKWALL-ALCO STORES, INC., ELWOOD C. TOBIAS, GERTRUDE L. WASSBERG, and THE CITY OF LYONS, KANSAS, a Municipal Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed October 25, 1985.

Attorney(s) appearing for the Case

Arthur C. Hodgson, of Hodgson & Kahler, of Lyons, argued the cause and was on the brief for appellant.

Jerry M. Ward, of Ward & Berscheidt, of Great Bend, argued the cause and was on the brief for appellees Tobias and Wassberg.

Casey R. Law and Raymond L. Dahlberg, of Turner and Boisseau, Chartered, of Great Bend, were on the brief for appellee City of Lyons.

The opinion of the court was delivered by

HERD, J.:

This is a damage suit for personal injuries arising out of a fall on a defective sidewalk. The trial court granted summary judgment to the defendants and this review follows the Court of Appeals' decision in an unpublished decision filed May 2, 1985, which reversed the trial court and remanded the case for trial.

The facts are as follows: On the afternoon of August 18, 1979, the appellant, Freda Sepulveda...

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