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ROE v. KANSAS DEPT. OF SRS

No. 89,462

32 Kan.App. 2d 158 (2003)

80 P.3d 1162

ROBERT BOOTH ROE, a Minor Child, By and Through his Adoptive Parents, Richard Roe and Janet Roe, and Jennifer Brunetti, Conservator, Appellants, v. DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES FOR THE STATE OF KANSAS, THE STATE OF KANSAS, WAYNE SRAMEK, HERBERT HICKMAN, AND MARY KEADY, Appellees.

Court of Appeals of Kansas.

Opinion filed December 19, 2003.

Attorney(s) appearing for the Case

Robert S. Tomassi, of Pittsburg, for appellant.

Deborah June Purce, of Law Office of Deborah June Purce, of Topeka, for appellee Mary Keady.

C. William Ossmann, chief litigation attorney, for appellees State of Kansas and Kansas Department of Social and Rehabilitation Services.

Matthew W. Boddington, of Kansas Department of Social and Rehabilitation Services, for appellee Wayne Sramek.

Before KNUDSON, P.J., BEIER and MALONE, JJ.

BEIER, J.:

Robert Booth Roe (Baby Roe), his adoptive parents, and his conservator appeal the district court's summary judgment in favor of defendants, the Kansas Department of Social and Rehabilitation Services (SRS), the State of Kansas, and certain SRS employees. Baby Roe suffered catastrophic injury at the hands of his father despite ongoing SRS monitoring of his family situation and the agency's awareness that his mother had warned exactly such an injury could...

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