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McKISSICK v. JACKSON

No. 65,638

15 Kan. App. 2d 508 (1991)

809 P.2d 1249

JOHN F. McKISSICK, Appellant, v. ROBERT G. JACKSON, MARLIN LIGHTLE, WILLIAM CRIQUI and THE KANSAS TURNPIKE AUTHORITY, Appellees.

Court of Appeals of Kansas.

Opinion filed April 26, 1991.

Attorney(s) appearing for the Case

Robert D. Ochs and Michael Kelley, of Ochs, Kelley & Luttjohann, of Topeka, for appellant.

Stanley E. Oyler and Frank S. Eschmann, of Ascough, Eschmann, Oyler, P.A., of Topeka, for appellees Marlin Lightle, William Criqui, and The Kansas Turnpike Authority.

James E. Benfer, of Benfer, Bausch & Blumreich, P.A., of Topeka, for appellee Robert Jackson.

Before RULON, P.J., REES and ELLIOTT, JJ.

ELLIOTT, J.:

John McKissick appeals the trial court's imposition of "costs" as a condition of granting a continuance and the subsequent dismissal with prejudice of his personal injury suit (K.S.A. 60-241).

Finding no reversible error, we affirm. The facts are mostly undisputed. Plaintiff, in 1987, filed suit for injuries allegedly suffered in an automobile accident. Eventually, the case was set for trial. The day before trial, plaintiff was treated for chest...

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