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ELSTUN v. SPANGLES, INC.

No. 98,179.

217 P.3d 450 (2009)

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

Supreme Court of Kansas.

October 9, 2009.

Attorney(s) appearing for the Case

Mitchell W. Rice, of Bretz Law Offices, of Hutchinson, argued the cause, and Matthew W. Bretz, of the same firm, was with him on the brief for appellant.

Gerald L. Green, of Gilliland & Hayes, P.A., of Hutchinson, argued the cause, and Melissa A. Moodie, of the same firm, was with him on the briefs for appellee.

The opinion of the court was delivered by DAVIS, C.J.:

In this slip-and-fall personal injury action, the district court granted summary judgment in favor of the defendant property owner, applying the "slight-defect rule" regarding sidewalks to the owner's parking lot and determining as a matter of law that the defendant had no duty to protect the plaintiff from the slight defect that allegedly caused her injury. The Court of Appeals reversed, refusing to extend the...

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