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BASKA v. SCHERZER

No. 94,879.

156 P.3d 617 (2007)

Celesta C. BASKA, Appellant, v. Harry SCHERZER, Jr., and Calvin Madrigal, Appellees.

Supreme Court of Kansas.

April 27, 2007.

Attorney(s) appearing for the Case

James M. Sheeley, of Kansas City, Kansas, argued the cause and was on the brief for appellant.

James H. Ensz, of Ensz & Jester, P.C., of Kansas City, Missouri, argued the cause, and Matthew J. Gist, of the same firm, was with him on the brief for appellee Harry Scherzer.

Jeffrey S. Nichols, of Wallace, Saunders, Austin, Brown & Enochs, Chtd., of Overland Park, argued the cause, and Alex B. Judd, of the same firm, was with him on the briefs for appellee Calvin Madrigal.

The opinion of the court was delivered by DAVIS, J.:

Celesta Baska brought an action for personal injuries sustained when she attempted to stop a fight by stepping between the defendants, Harry Scherzer, Jr., and Calvin Madrigal. Her action was brought after the expiration of a year from her injury but within 2 years from the date of her injury. After some discovery, the trial court granted the defendants' motions for summary judgment and dismissed Baska's action...

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