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DAVIN v. ATHLETIC CLUB OF OVERLAND PARK

No. 90,332.

32 Kan.App. 2d 1240 (2004)

MICHAEL E. DAVIN, Appellant, v. ATHLETIC CLUB OF OVERLAND PARK and T. SEAN LANCE, Defendants, STATE FARM FIRE AND CASUALTY COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed September 3, 2004.

Attorney(s) appearing for the Case

David Rauzi and Dennis Owens, of Kansas City, Missouri, for appellant.

Casey O. Housley and Adam J. Prochaska, of Armstrong Teasdale, LLP, of Kansas City, Missouri, for appellee.

Before MARQUARDT, P.J., MALONE, J., and ERIC S. ROSEN, District Judge, assigned.

ROSEN, J.

Michael E. Davin appeals the trial court's grant of State Farm Fire & Casualty Company's (State Farm) motion for judgment as a matter of law. We affirm.

Davin was injured while playing basketball with T. Sean Lance at the Athletic Club of Overland Park on January 14, 1999. Lance claimed that Davin grabbed him by the arms and held him with both hands. In response, Lance picked Davin up between...

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