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Cansler v. Harrington

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eBook details

  • Title: Cansler v. Harrington
  • Author : Supreme Court of Kansas
  • Release Date : January 03, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

The opinion of the court was delivered by This is an action for damages arising out of a May 31, 1974, automobile-truck collision between Bonnie S. Cansler, appellee, and appellant, Dennis Bartkoski. Allen Harrington, owner of the truck, was joined as a party defendant-appellant. At trial in February 1980, appellee obtained a $25,000 judgment against Bartkoski, who appeals after denial of his motion for a new trial. Appellee obtained an order of garnishment against Bartkoski's insurance carrier, Farmers Insurance Company, in the absence of a stay. Farmers appeals that order. The first issue on appeal is whether the threshold requirement of $500 medical treatment expense provided for in K.S.A. 40-3117 must be met within the period for filing actions under the statute of limitations in order for appellee to recover non-pecuniary losses. K.S.A. 40-3117 states:


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