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SERVANTEZ v. SHELTON

No. 90,045.

32 Kan.App. 2d 305 (2004)

81 P.3d 1263

LESLIE A. SERVANTEZ, Appellant, v. CRAIG J. SHELTON, Appellee.

Court of Appeals of Kansas.

Opinion filed January 9, 2004.

Attorney(s) appearing for the Case

Roger D. Fincher, of Bryan, Lykins, Hejtmanek & Fincher, P.A., of Topeka, for appellant.

Chanda M. Feldkamp, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, for appellee.

Before GREENE, P.J., LEWIS and MALONE, JJ.

MALONE, J.

Leslie A. Servantez appeals the district court's grant of summary judgment in favor of Craig J. Shelton based on the exclusive remedy provision of the Workers Compensation Act, K.S.A. 44-501 et seq., barring one employee from suing a fellow employee for a job injury. Servantez claims the district court erred because Shelton was off duty and in violation of certain employment policies at the time of...

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