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LOAR v. ROLETTO

No. 80,752.

26 Kan. App.2d 246 (1999)

982 P.2d 993

MARK LOAR, Appellant, v. DIANA E. ROLETTO and JOE S. HINTON, Appellees.

Court of Appeals of Kansas.

Opinion filed June 25, 1999.

Attorney(s) appearing for the Case

Charles Gentry, of Short, Gentry & Bishop, P.A., of Fort Scott, for appellant.

Zackery E. Reynolds, of The Reynolds Law Firm, P.A., of Fort Scott, for appellee Hinton.

No appearance for appellee Roletto.

Before BRAZIL, C.J., KNUDSON, J., and JACKSON, S.J.

JACKSON, J.:

This is a personal injury action arising from an automobile accident. The trial court dismissed plaintiff's claim against the vehicle owner, finding that a violation of the Kansas Automobile Injury Reparations Act (KAIRA), K.S.A. 40-3101 et seq., did not give rise to a private cause of action. This appears to be a case of first impression in Kansas.

The sole question presented in this appeal is: Did the trial court err in concluding the...

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