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RUSSELL EX REL. RUSSELL v. BRADEN EX REL. FARRAN-FLAHERTY

No. 101,100.

217 P.3d 997 (2009)

Daniel RUSSELL, a Minor, by and Through His Next Friend, Gary RUSSELL; Gary Russell; and Marcella Russell, Appellants, v. Brian BRADEN, a Minor, by and Through His Next Friend and Mother, Shara FARRAN-FLAHERTY; Shara Farran-Flaherty; and Larry Flaherty; et al., Defendants, Chris Braden, Appellee.

Court of Appeals of Kansas.

October 9, 2009.

Attorney(s) appearing for the Case

Mark B. Rockwell, of Rockwell Law Firm, Chartered, of Lawrence, for appellants.

Allison G. Ross and Jeffrey S. Nichols, of Wallace, Saunders, Austin, Brown & Enochs, Chtd., for appellee.

Before GREENE, P.J., GREEN and STANDRIDGE, JJ.

GREENE, J.:

Daniel Russell, by and through his father Gary Russell, together with both his parents individually, appeal the district court's award of summary judgment to Chris Braden (Braden), terminating the Russells' claim for personal injury suffered when Braden's son, Brian, shot Daniel in the eye at close range with a paintball gun. Concluding there was an insufficient showing of the absence of genuine issues of material fact to support summary judgment, we reverse...

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