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CUNNINGHAM v. BRAUM'S ICE CREAM & DAIRY STORES

No. 89,944.

276 Kan. 883 (2003)

80 P.3d 35

BARBARA CUNNINGHAM and WANDA YANDELL, Appellants, v. BRAUM'S ICE CREAM and DAIRY STORES, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 2003.

Attorney(s) appearing for the Case

Patrick C. Smith, of Loy Law Firm, L.L.C., of Pittsburg, argued the cause and was on the brief for appellants.

John I. O'Connor, of The Advocates Group, LLC, of Pittsburg, argued the cause, and Troy A. Unruh, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

BEIER, J.:

Plaintiffs Barbara Cunningham and Wanda Yandell ask us to reverse the district court's summary judgment in favor of defendant Braum's Ice Cream and Dairy Stores (Braum's) in this personal injury action. They sued Braum's after its employees shooed them out of the Parsons ice cream store and, as it turned out, into the path of a tornado. Cunningham and Yandell were injured while driving home, when the tornado...

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