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LEGLEITER v. GOTTSCHALK

No. 91,191.

32 Kan.App. 2d 910 (2004)

91 P.3d 1246

BRENT LEGLEITER, Appellant, v. KENNETH GOTTSCHALK d/b/a BRASS RAIL TAVERN, Appellee.

Court of Appeals of Kansas.

Opinion filed June 25, 2004.

Attorney(s) appearing for the Case

Thomas C. Boone, of Law Office of Thomas C. Boone, for the appellant.

Mickey W. Mosier and Nichole Mohning Roths, of Clark, Mize & Linville, Chartered, of Salina, for the appellee.

Before RULON, C.J., PIERRON and HILL, JJ.

PIERRON, J.

Brent Legleiter appeals the district court's granting of summary judgment to Kenneth Gottschalk d/b/a Brass Rail Tavern (tavern), after he was injured in a fight with a third party outside of the tavern. The district court found Legleiter was injured on public property, not possessed or controlled by Gottschalk or his employees, and therefore, as a matter of law, no liability existed on Gottschalk's part to control the actions of third parties. We affirm...

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