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WHEELER v. ROLLING DOOR CO.

No. 92,325.

33 Kan.App. 2d 787 (2005)

109 P.3d 1255

KRISTI L. WHEELER, Appellee, and CINCINNATI INSURANCE CO., Intervenor/Appellee, v. ROLLING DOOR COMPANY; AUTOMATIC SERVICES CORPORATION, d/b/a ROLLING DOOR COMPANY and AERO SYSTEMS CORPORATION; ASC AERO SYSTEMS CORPORATION, d/b/a ROLLING DOOR COMPANY and AERO SYSTEMS CORPORATION; E.W. JOHNSON, INC.; BURNS & McDONNELL ENGINEERING COMPANY, INC., Defendants, and STATE OF KANSAS, Appellant.

Court of Appeals of Kansas.

Opinion filed April 1, 2005.

Attorney(s) appearing for the Case

Eliehue Brunson, assistant deputy attorney general, for appellant.

John W. Johnson, of Bradshaw, Johnson & Hund, of Wichita, and Shari R. L. Willis, of Powell, Brewer & Reddick, of Wichita, for appellee, Kristi L. Wheeler.

Before GREEN, P.J., PIERRON and CAPLINGER, JJ.

GREEN, J.:

Kristi Wheeler sued the State of Kansas and others on claims of negligence, based on the injuries she sustained while preparing for the Kansas Starbase program. The parties filed cross-motions for summary judgment on the issue of whether Wheeler was the State's statutory employee under K.S.A. 44-503(a) of the Workers Compensation Act (Act), K.S.A. 44-501 et seq., and, therefore, precluded from obtaining relief on her negligence action. The

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