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RHOTEN v. DICKSON

No. 98,837.

192 P.3d 679 (2008)

Danielle RHOTEN, as an Individual and as Heir-at-Law of Xavier Rhoten (Deceased), Appellant, v. Bruce DICKSON, IV, Defendant, and Frank Pase, as an Individual and an Employee of Topeka, Kansas, and the City of Topeka, Kansas, as the Principal and Employer of Frank Pase, Appellees.

Court of Appeals of Kansas.

September 26, 2008.

Attorney(s) appearing for the Case

Keith Renner, of Renner Law Office, P.A., of Topeka, for appellant.

David R. Cooper, of Fisher, Patterson, Sayler & Smith, LLP, of Topeka, and Deane Watts Hay, of Parker & Hay, LLP, of Topeka, for appellees.

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

HILL, J.

When discovery revealed the man who struck Danielle Rhoten's car was not aware a Topeka police officer was chasing him, the federal court dismissed Danielle Rhoten's civil rights complaint against The City of Topeka and one of its police officers. The federal judge found no causal connection between the police officer's acts and Rhoten's injury. After that ruling, the federal court declined to hear Rhoten's state negligence claims, and she filed a lawsuit...

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