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McHORSE v. EAKS

No. 83,549.

27 Kan. App.2d 817 (2000)

7 P.3d 1272

RANDY McHORSE, Plaintiff, and ELLA KOONTZ, Additional Party Plaintiff/Appellant, v. KENT EAKS, Appellee.

Court of Appeals of Kansas.

Opinion filed July 28, 2000.

Attorney(s) appearing for the Case

Michael D. Gibbens, of Gibbens, Levinson & Levinson, L.C., of Basehor, for the appellant.

Leo L. Logan and Casey L. Griffith, of Boddington & Brown, Chtd., of Kansas City, for the appellee.

Before LEWIS, P.J., PIERRON, J., and DAVID W. KENNEDY, District Judge, assigned.

PIERRON, J.:

Ella Koontz appeals the trial court's decision joining her as an additional party plaintiff in a lawsuit against Kent Eaks.

The facts necessary for resolution of this appeal are procedural in nature and are for the most part uncontested by the parties.

Eaks lives in Miami County and had an elevated deck attached to his house. He hosted a party at his house on July 4, 1996. Koontz and Randy and Kathy McHorse, along with approximately 11...

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