OETINGER v. POLSON

No. 71,594

20 Kan. App. 2d 255 (1994)

PHILIP OETINGER, A Minor Child, by and through His Next Friend, John Arnold Oetinger, Plaintiff/Appellant, v. AARON POLSON, A Minor Child by and through His Next Friend, Joy Polson; U.S.D. No. 379 BOARD OF EDUCATION, CLAY CENTER, KANSAS; CHARLES MANSFIELD; BRIAN HARRIS; and TYLER NELSON, Defendants, v. MAIL HANDLERS BENEFIT PLAN, Intervenor/Appellee.

Court of Appeals of Kansas.

Opinion filed December 9, 1994.


Attorney(s) appearing for the Case

Robert L. Pottroff, of Myers, Pottroff & Ball, of Manhattan, for appellant.

J. Roger Hendrix, of Hendrix & Wright, of Topeka, for intervenor/appellee.

Before BRAZIL, P.J., RULON and PIERRON, JJ.


RULON, J.:

This is a subrogation claim for health benefits paid to a minor child under his father's insurance policy. Philip Oetinger, by and through his father, John Arnold Oetinger, plaintiff, appeals from the district court's order of summary judgment in favor of the Mail Handlers Benefit Plan, intervenor. We affirm.

The facts are essentially undisputed and are as follows:

On October 9, 1991, Philip Oetinger was injured in an automobile collision...

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