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MOORE v. LUTHER

No. 85,819.

29 Kan. App.2d 1004 (2001)

35 P.3d 277

RICHARD MOORE and SANDRA MOORE, Appellants, v. GLEN F. LUTHER, Appellee.

Court of Appeals of Kansas.

Opinion filed November 30, 2001.

Attorney(s) appearing for the Case

W. Irving Shaw, of Emporia, and Tristram E. Felix, of Wallace, Saunders, Austin, Brown & Enochs, Chtd., of Wichita, for appellants.

Bradley S. Russell, of Frischer & Russell, Chtd., of Overland Park, for appellee.

Before ELLIOTT, P.J., GREEN and JOHNSON, JJ.

JOHNSON, J.:

The plaintiffs, Richard and Sandra Moore, appeal the district court's dismissal, with prejudice, of their civil lawsuit against the alleged tortfeasor, Glen Luther. We affirm in part, reverse in part, and remand with instructions to dismiss the lawsuit without prejudice.

This case began rather routinely as an automobile collision case. On March 31, 1997, Sandra Moore sustained personal injuries and

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