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Examine This Report about Benjamin Harrison Vaughn (1889–1943) • FamilySearchWhether a duty exists is a concern of law. Whether the responsibility has actually been breached is a concern of reality. See Sail v. T's, Inc., 281 Kan. 1355, Syl. 2, 136 P. 3d 471 (2006 ); see likewise 289 Kan. 577, 558586, 214 P. 3d 1173 (2009) (citing Nero v. Kansas State University, 253 Kan.  Summary judgment is seldom suitable in neglect cases. Nevertheless, summary judgment is appropriate in a negligence case if the complainant fails to supply evidence of an element vital to the case. See Hammig v. Ford, 246 Kan. 70, 73, 785 P. 2d 977 (1990 ); see also Deal v. Bowman, 286 Kan.  On appeal, concerns of law, including those at the heart of summary judgment choices, go through de novo evaluation. Read More Here . City of Bonner Springs, 291 Kan. 73, 78, 238 P. 3d 278 (2010) (applicability of KTCA immunity); Adams, 289 Kan. at 586 (existence of duty). The Estate first argues the district court erred in approving summary judgment to the DOC based on res judicata. Top Guidelines Of HARRISON VAUGHN REAL ESTATE AND CUSTOM HOMESThe decisive concern in this case is whether the unavoidable conclusion avoided by the court in Estate of Belden, 46 Kan. App. 2d 247, comes to fulfillment and determines an affirmance of the district court's holding of res judicata based on Rhoten, 290 Kan. 92, and Stanfield v. Osborne Industries, Inc., 263 Kan |
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