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SOUTH v. McCARTER

No. 93,066.

280 Kan. 85 (2005)

ISAAC JOHN SOUTH, a minor, by and through his parents and next friends JOHN SOUTH and LINDA SOUTH Appellants, v. JAMES JOHNSON AUBREY MCCARTER, a minor, and MARK MCCARTER and JILL MCCARTER, his natural guardians; JOSHUA ALLEN MILLS, a minor, and LORETTA KAY TINDELL and MICHAEL ALLEN MILLS, his natural guardians; AMERICAN FAMILY MUTUAL INSURANCE COMPANY; and S AND J INVESTMENTS OF TOPEKA, INC., Appellees.

Supreme Court of Kansas.

Opinion filed September 9, 2005.

Attorney(s) appearing for the Case

Frank D. Taff, of Topeka, argued the cause and was on the briefs for appellant.

Leonard R. Frischer, of Frischer & Associates, Chtd, of Overland Park, argued the cause, and Michael L. Hughes, of the same firm, was with him on the brief for appellees S and J Investments, Inc., of Topeka.

No appearance by appellees James Johnson Aubrey McCarter, Mark McCarter, and Jill McCarter.

The opinion of the court was delivered by

DAVIS, J.:

Isaac John South, a minor, was injured during a physical altercation with defendants Joshua Mills and James McCarter in the mobile home park where both Isaac and Joshua lived with their parents. Isaac's parents brought suit on behalf of their son against Joshua and James, their parents, American Family Mutual Insurance Company, and the owner/manager of the mobile home

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