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LANNING v. ANDERSON

No. 73,546.

22 Kan. App.2d 474 (1996)

921 P.2d 813

MARCUS J. LANNING, A MINOR, BY and THROUGH DAVID LANNING and CATHY LANNING, Next Friend and Natural Guardian,Appellee/Cross-Appellant, v. JEFF ANDERSON and BOARD OF EDUCATION OF UNIFIED SCHOOL DISTRICT No. 447, Cherryvale, Kansas, Appellants/Cross-Appellees.

Court of Appeals of Kansas.

Opinion filed March 22, 1996.

Attorney(s) appearing for the Case

James P. Nordstrom and Kristine A. Larscheid, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, for appellants/cross-appellees.

W. J. Fitzpatrick, of Independence, for appellee/cross-appellant.

Before BRAZIL, C.J., MARQUARDT, J., and RICHARD M. SMITH, District Judge, assigned.

MARQUARDT, J.:

This is a personal injury action arising from a discus hitting Marcus J. Lanning during track practice. Jeff Anderson and the Board of Education of Unified School District No. 447 (School District) appeal from the district court's refusal to grant a directed verdict on the grounds there was not sufficient evidence upon which a reasonable jury could base a finding of gross and wanton negligence as required for liability under the recreational use exception...

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