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ESTATE OF NILGES v. SHAWNEE GUN SHOP, INC.

No. 103,175.

242 P.3d 1211 (2010)

The ESTATE OF Luke A. NILGES, Jo Ann Nilges, and Wayne Nilges, Appellants, v. SHAWNEE GUN SHOP, INC., d/b/a The Bullet Hole, Appellee.

Court of Appeals of Kansas.

November 5, 2010.

Attorney(s) appearing for the Case

Randy W. James , of James Legal Services, P.C., of Lees Summit, Missouri, for appellants.

Kelly A. Ricke , of Fisher, Patterson, Sayler & Smith, LLP, of Overland Park, and Anthony M. Pisciotti and Jeffrey M. Malsch , of Pisciotti, Malsch & Buckley, P.C., of Florham Park, New Jersey, for appellee.

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

GREEN, J.

This appeal arises out of the dismissal with prejudice of a wrongful death suit. The action was brought by Jo Ann Nilges and Wayne Nilges, the parents of Luke Nilges, deceased, and by Jo Ann Nilges as special administrator for Luke's estate (plaintiffs). The suit named as defendant a retail firearm and ammunition dealer: Shawnee Gun Shop, Inc., d/b/a The Bullet Hole (defendant). The plaintiffs' petition essentially alleged that the defendant negligently...

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