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AGUIRRE v. ADAMS

No. 65,727

15 Kan. App. 2d 470 (1991)

809 P.2d 8

KRISTIE AGUIRRE, a Minor, by and through her natural mother and next friend, TAMMY AGUIRRE, Appellant, v. WILLIAM and BETTY ADAMS, Individually and d/b/a Bruce Apartments, Appellees.

Court of Appeals of Kansas.

Opinion filed April 12, 1991.

Attorney(s) appearing for the Case

Kirk W. Lowry, of Palmer & Marquardt, of Topeka, for appellant.

William Hergenreter, of Shaw, Hergenreter, Quarnstrom & Kocher, of Topeka, for appellees.

Before BRISCOE, C.J., REES and PIERRON, JJ.

PIERRON, J.:

This is an appeal by the plaintiff, Kristie Aguirre, from the trial court's dismissal of her petition under K.S.A. 60-212(b)(6) for failure to state a claim upon which relief can be granted.

For the purposes of this appeal, the facts are undisputed. The plaintiff was a 17-month-old infant at the time of the accident on November 25, 1986. The defendants are William and Betty Adams, who owned the apartments at 809 West 10th in Topeka, Kansas. The...

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