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D.W. v. BLISS

No. 91,247.

279 Kan. 726 (2005)

D.W., Appellant, v. RICHARD BLISS and CAROL BLISS, Appellees.

Supreme Court of Kansas.

Opinion filed June 3, 2005.

Attorney(s) appearing for the Case

Patrick R. Miller, of Ullman, Dezube & Miller, P.A., of Overland Park, argued the cause and was on the brief for appellant.

Derrick A. Pearce, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause and was on the brief for appellee Carol Bliss.

The opinion of the court was delivered by

LARSON, J.:

In this first impression damage action, we must decide if the wife of a criminal offender has a special relationship with a minor, giving rise to her having a duty to warn the minor of the likelihood of being sexually abused by her husband.

We must further decide if liability may be imposed on the wife of a criminal offender under the theory of premises liability, as described by Restatement (Second...

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