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HONEYCUTT v. CITY OF WICHITA

No. 66,595

251 Kan. 451 (1992)

836 P.2d 1128

JEREMY HONEYCUTT, a Minor, by and through his guardian, DANIEL H. PHILLIPS, Appellant, v. CITY OF WICHITA, Defendant, and WICHITA PUBLIC SCHOOL SYSTEM, U.S.D. No. 259, Appellee.

Supreme Court of Kansas.

Opinion filed July 10, 1992.

Attorney(s) appearing for the Case

Bradley J. Prochaska, of Prochaska & Associates, of Wichita, argued the cause, and Gerard C. Scott, of the same firm, was with him on the brief for appellant.

Debra J. Arnett, of Hartley, Nicholson & Hartley, P.A., of Paola, argued the cause, and Timothy J. Finnerty, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, was with her on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is a personal injury action brought on behalf of Jeremy Honeycutt, a minor, who lost part of both legs when he was run over by a train as he walked home from kindergarten. The trial court granted summary judgment in favor of the Wichita Public School System, U.S.D. No. 259, and Jeremy appeals.

Two issues are presented on appeal: whether Jeremy filed...

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