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BLAND v. SCOTT

No. 89,773. No. 90,402.

279 Kan. 962 (2005)

JAMES BLAND, INDIVIDUALLY AND AS HEIR AT LAW AND PERSONAL REPRESENTATIVE OF THE ESTATE OF FELICIA BLAND, DECEASED; AND MICHAEL A. RENEE RODRIQUEZ, THROUGH HER GUARDIAN AND CONSERVATOR TIBURCIO J. REYES, JR., INDIVIDUALLY AND AS HEIR AT LAW OF FELICIA BLAND, DECEASED, Appellants, v. SEAN M. SCOTT; DANA RIEKE; LAWRENCE H. RIEKE; BARRETT A. BOTTEMULLER; THE UNIVERSITY OF KANSAS; THE FRATERNITY OF PHI GAMMA DELTA, INC.; PHI GAMMA DELTA HOUSE CORPORATION; AND PHI GAMMA DELTA CHAPTER HOUSE ASSOCIATION, Appellees.

Supreme Court of Kansas.

Opinion filed June 10, 2005.

Attorney(s) appearing for the Case

Daniel F. Church, of McAnany, Van Cleave & Phillips, P.A., of Roeland Park, argued the cause, and Byron A. Bowles and G. Stuart Englebert, of the same firm, were with him on the briefs for appellants.

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause and was on the brief for appellees The Fraternity of Phi Gamma Delta, Inc., Phi Gamma Delta House Corporation, and Phi Gamma Delta Chapter House Association.

Sara L. Trower, of Lawrence, argued the cause, and Rose A. Marino, of Lawrence, was with her on the brief for appellee University of Kansas.

The opinion of the court was delivered by

McFARLAND, C.J.

This is a wrongful death and survivorship action seeking damages for the death of Felicia (Lisa) Bland. The district court dismissed the case as to all nonindividual defendants on the ground the plaintiffs had failed to state a claim on which relief may be granted. The dismissals were made final judgments pursuant to K.S.A. 2004 Supp. 60-254(b), thereby permitting immediate appeal therefrom despite...

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