Skip to content Skip to sidebar Skip to footer

Widget HTML #1

Home / Books / Law / Professional & Technical

[Download] "Seibert v. Vic Regnier Builders" by Supreme Court of Kansas * Book PDF Kindle ePub Free

Seibert v. Vic Regnier Builders

📘 Read Now     📥 Download


eBook details

  • Title: Seibert v. Vic Regnier Builders
  • Author : Supreme Court of Kansas
  • Release Date : January 30, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

The opinion of the court was delivered by This is a premises liability action brought by a woman who was
shot in the parking lot of a shopping center in an armed robbery
by an unknown assailant. Liability is sought to be imposed upon
the owner of the shopping center on the basis of negligence in
not providing security for the area. The district court,
utilizing the "prior similar incidents" rule of foreseeability,
entered summary judgment in favor of the defendant. The plaintiff
appeals therefrom. Preliminarily, some rules relating to the granting of summary
judgment in a negligence action need to be set forth. In Gooch
v. Bethel A.M.E. Church, 246 Kan. 663, 668, 792 P.2d 993 (1990),
we stated:

"`The burden on the party seeking summary judgment
is a strict one. The trial court is required to
resolve all facts and inferences which may reasonably
be drawn from the evidence in favor of the party
against whom the ruling is sought. On appeal we apply
the same rule, and where we find reasonable minds
could differ as to the conclusions drawn from the
evidence, summary judgment must be denied. [Lessley
v. Hardage, 240 Kan. 72, 73-74, 727 P.2d 440
(1986).] The party opposing summary judgment,
however, has the affirmative duty to come forward
with facts to support its claim, although it is not
required to prove its case. [Willard v. City of
Kansas City, 235 Kan. 655, Syl. ¶ 2, 681 P.2d 1067
(1984); Mays v. Ciba-Geigy Corp., 233 Kan. 38, Syl.
¶ 5, 661 P.2d 348 (1983).] If factual issues do
exist, they must be material to the case to preclude
summary judgment. Bacon v. Mercy Hosp. of Ft.
Scott, 243 Kan. 303, 306-07, 756 P.2d 416 (1988)."


Free Download "Seibert v. Vic Regnier Builders" PDF ePub Kindle