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FITZPATRICK v. ALLEN

No. 76,979.

24 Kan. App.2d 896 (1998)

955 P.2d 141

W. J. FITZPATRICK, Conservator for JESSICA BATY, a minor, Appellant, v. SAMANTHA S. ALLEN, Appellee, and MEL-O-DY ICE CREAM, INC., and TINA BATY, Defendants.

Court of Appeals of Kansas.

Opinion filed February 27, 1998.

Attorney(s) appearing for the Case

W. J. Fitzpatrick, of Independence, for appellant.

Douglas G. Ott, of Hall, Levy, DeVore, Bell, Ott & Kritz, of Coffeyville, for appellee.

Before KNUDSON, P.J., PIERRON and MARQUARDT, JJ.

KNUDSON, J.:

William J. Fitzpatrick, as conservator for Jessica Baty, a minor, appeals from a jury verdict and judgment entered in favor of Samantha S. Allen, in a personal injury action.

We affirm.

Jessica Baty is the minor child of Tina and Brent Baty. Jessica was struck by a van driven by Samantha S. Allen. At the time, Jessica and her parents were purchasing ice cream from a Mel-O-Dy Ice Cream van parked across the street from their home. As a...

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