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MARSHALL v. MAYFLOWER, INC.

No. 92-4093-RDR.

817 F.Supp. 922 (1993)

Thomas MARSHALL, Jr., Plaintiff, v. MAYFLOWER, INC. d/b/a Aero Mayflower Transit Co., Inc., and National Union Fire Insurance Company, Defendants.

United States District Court, D. Kansas.

March 31, 1993.

Attorney(s) appearing for the Case

Patrick C. Smith, Spigarelli, McLane & Short, Pittsburg, KS, Charles S. Fisher, Jr., Fisher, Cavanaugh & Smith, P.A., Topeka, KS, for plaintiff.

Hal D. Meltzer, Turner & Boisseau, Chartered, Overland Park, KS, for defendants.

MEMORANDUM AND ORDER

ROGERS, District Judge.

The issue in this case is whether plaintiff is barred from bringing a lawsuit for personal injuries he received in a vehicular collision because, when he was a minor, he was joined as a plaintiff in a previous lawsuit to recover wrongful death damages stemming from the same collision. In other words, should this case be dismissed because plaintiff did not join any claim for personal injuries to the claim...

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