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ELLIS v. WHITTAKER

No. 57,225

10 Kan. App. 2d 676 (1985)

709 P.2d 991

JACK R. ELLIS, Appellant, v. HORACE M. WHITTAKER, Appellee.

Court of Appeals of Kansas.

Opinion filed November 27, 1985.

Attorney(s) appearing for the Case

Gerald W. Scott, of Gerald W. Scott, P.A., of Wichita, for the appellant.

Jerry G. Elliott and Amy S. Lemley, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, for the appellee.

Before REES, P.J., C. FRED LORENTZ, District Judge, assigned, and JOHN W. BROOKENS, District Judge Retired, assigned.

LORENTZ, J.:

Appellant Jack Ellis appeals from the trial court's denial of a motion to modify judgment. The facts are not in issue and are briefly summarized here.

Ellis was a pedestrian who received severe injuries when struck by an automobile driven by Horace Whittaker. State Farm Mutual Automobile Insurance Company provided insurance for both Ellis and Whittaker. Suit was filed and the full amount of Whittaker's liability coverage of $25,000 was paid into...

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