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CROWE v. TRUE'S IGA, LLP

No. 91,049.

32 Kan.App. 2d 602 (2004)

85 P.3d 1261

BELINDA CROWE, Appellant, v. TRUE'S IGA, LLP, and K&S OIL CO., INC., Appellees.

Court of Appeals of Kansas.

Opinion filed March 19, 2004.

Attorney(s) appearing for the Case

W.J. Fitzpatrick, of Fitzpatrick & Bass, of Independence, for appellant.

Steve R. Fabert, Michael K. Seck, and Jason H. Klein, of Fisher, Patterson, Sayler & Smith, LLP, of Overland Park, for appellee True's IGA, L.L.P.

Craig Kennedy, of Johnson, Kennedy, Dahl, & Willis, of Wichita, for appellee K&S Oil Co., Inc.

Before GREEN, P.J., LEWIS, J., and JOHN J. BUKATY, JR., District Judge, assigned.

GREEN, J.:

Belinda Crowe appeals from the trial court's grant of summary judgment in favor of True's IGA, LLP, (True's) and K&S Oil Co., Inc. (K&S) in Crowe's negligence claim. On appeal, Crowe argues that the trial court erred in finding that there was no genuine issue of material fact as to the duty and breach elements of her negligence claims. We find that under the facts of this case, summary judgment was...

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