O'NEILL v. DUNHAM

No. 99,529.

203 P.3d 68 (2009)

Simon J. O'NEILL, Appellant, v. James R. DUNHAM and Evelyn L. Dunham, Appellees.

Court of Appeals of Kansas.

March 20, 2009.


Attorney(s) appearing for the Case

William J. Pauzauskie, of Pauzauskie Law Office, of Topeka, for appellant.

J. Steven Pigg and Vincent M. Cox, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, for appellees.

Before HILL, P.J., MALONE and CAPLINGER, JJ.


HILL, J.

Through enactment of the statute of repose, the Kansas Legislature has granted immunity to defendants for claims made 10 years after a defendant's acts or omissions give rise to a cause of action. Here, the defendants bought an apartment building in Manhattan in 1990. The plaintiff fell down a set of stairs in one of the apartments and broke his leg in 2004; he claims a handrail could have prevented his fall and has sued the owners for personal injuries because...

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