GILMORE v. BEACH HOUSE, INC.

No. 97,858.

174 P.3d 439 (2008)

Jeffery GILMORE, Appellant, v. BEACH HOUSE, INC., and Colony Insurance Company, Appellees.

Court of Appeals of Kansas.

January 11, 2008.


Attorney(s) appearing for the Case

Mark T. Schoenhofer, of Wichita, and Scott J. Gunderson, of Nelson, Gunderson & Lacey, of Wichita, for appellant.

Scott R. Schillings and Geron J. Bird, of Hinkle Elkouri Law Firm, L.L.C., of Wichita, and E. Wayne Taff, of Sherman Taff Bangert Thomas & Coronado P.C., of Kansas City, Missouri, for appellees.

Before MARQUARDT, P.J., LEBEN, J., and KNUDSON, S.J.


KNUDSON, S.J.

Plaintiff Jeffery Gilmore (Gilmore) appeals the district court's grant of summary judgment in a garnishment action brought against Colony Insurance Company (Colony). Gilmore had successfully sued Beach House, Inc. (Beach House) for personal injuries sustained on its premises. Colony insured Beach House. Under an assignment and covenant not to execute between Gilmore and Beach House, garnishment proceedings were commenced against Colony. The district...

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