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ELSTUN v. SPANGLES, INC.

No. 98,179.

193 P.3d 478 (2008)

Violetta ELSTUN, Appellant, v. SPANGLES, INC., Appellee.

Court of Appeals of Kansas.

October 3, 2008.

Attorney(s) appearing for the Case

Mitchell W. Rice and Matthew L. Bretz, of Bretz Law Offices, of Hutchinson, for appellant.

Gerald L. Green, of Gilliland & Hayes, P.A., of Hutchinson, for appellee.

Before HILL, P.J., ELLIOTT and McANANY, JJ.

HILL, J.

In Kansas, slight defects in sidewalks do not present an actionable negligence claim against cities or those who maintain them. This doctrine is known as the slight-defect rule. The district court applied that rule to this case where Violetta Elstun fell and broke her hip in a Spangles parking lot because of a 2-inch rounded depression she did not see when she tried to get into her car. We hold the district court's application of the slight-defect rule to...

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