FUSARO v. FIRST FAMILY MTG. CORP.

No. 71,478

257 Kan. 794 (1995)

MARION J. FUSARO, Appellant, v. FIRST FAMILY MORTGAGE CORPORATION, INC., a/k/a AMERICAS MORTGATE SERVICING, INC.; LITTLE & COMPANY; and CLARENCE N. ARTZER AND CLARENCE G. ARTZER, d/b/a ARTZER PAINTING COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed June 2, 1995.


Attorney(s) appearing for the Case

Robert E. Hiatt. of Hiatt & Hiatt, Chartered, of Topeka, argued the cause, and Eugene W. Hiatt and John M. Cassidy, of the same firm, were with him on the briefs for appellant.

Steven R. Fabert, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause, and Steven K. Johnson, of the same firm and David J. Holdsworth, of Romney & Condie, of Salt Lake City, Utah, were with him on the briefs for appellee Little & Company, and Clarence N. Artzer and Clarence G. Artzer, d/b/a Artzer Painting Company.

R. Patrick Riordan, of Reeder & Girard, P.A., of Topeka, argued the cause, and Grant M. Glenn, of the same firm, was with him on the brief for appellee First Family Mortgage Corporation. Inc.

Bryan W. Smith, of Fisher, Cavanaugh & Smith, of Topeka, was on the brief for amicus curiae Kansas Trial Lawyers Association.


The opinion of the court was delivered by

DAVIS, J.:

This case involves a homeowner's tort action for damages against a mortgagee based on claims of trespass, conversion, and intentional infliction of emotional distress. The homeowner appeals the trial court's denial of her motion to add a claim for punitive damages, the awarding of summary judgment to the defendants on her claim of outrage, the denial of her claim for aggravation of illness resulting from...

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