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McCUBBIN v. WALKER

No. 68,858

256 Kan. 276 (1994)

PAUL McCUBBIN, by and through his guardian, SHEILA McCUBBIN, Appellant, v. JERALD WALKER and CAROL A. WALKER, d/b/a Valley Market, Appellees.

Supreme Court of Kansas.

Opinion filed December 9, 1994.

Attorney(s) appearing for the Case

Donald Arthur McKinney, of Michaud, Hutton, Fisher & Andersen, of Wichita, argued the cause, and Derek S. Casey, of the same firm, and Donald L. Hochanadel, of Overland Park, were with him on the briefs for appellant.

Jonathan L. Laurans, of Niewald Waldeck & Brown, of Kansas City, Missouri, argued the cause, and Brian G. Boos, of the same firm, of Overland Park, was with him on the briefs for appellees.

The opinion of the court was delivered by

HOLMES, C.J.:

Plaintiff, Paul McCubbin, by and through his guardian Sheila McCubbin, appealed a district court decision granting summary judgment in a personal injury action to the defendants, Jerald and Carol Walker. The Court of Appeals, in an unpublished opinion filed November 12, 1993, affirmed the district court decision in part, reversed it in part, and remanded the case for further proceedings. The defendants...

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