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AGNEW v. DILLONS, INC.

No. 66,455

16 Kan. App. 2d 298 (1991)

822 P.2d 1049

GUY AGNEW, Appellant, v. DILLONS, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed December 13, 1991.

Attorney(s) appearing for the Case

Bradley A. Pistotnik, of Pistotnik Law Offices, Chartered, of Merriam, for appellant.

Leonard R. Frischer and Barry E. Warren, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, for appellee.

Before LEWIS, P.J., LARSON and RULON, JJ.

RULON, J.:

Guy Agnew, the plaintiff in a personal injury action, appeals from the district court's grant of a directed verdict in favor of the defendant Dillons, Inc., claiming the court erred in: (1) holding that Dillons did not breach the duty of care owed by a business proprietor to an invitee; and (2) refusing to admit evidence that Dillons failed to provide a handrail. We affirm in part, reverse in part, and remand for further proceedings.

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