McKissick v. Jackson

Elliott, J.:

John McKissick appeals the trial court’s imposition of “costs” as a condition of granting a continuance and the subsequent dismissal with prejudice of his personal injury suit (K.S.A. 60-241).

Finding no reversible error, we affirm. The facts are mostly undisputed. Plaintiff, in 1987, filed suit for injuries allegedly suffered in ah automobile accident. Eventually, the case was set for trial. The day before trial, plaintiff was treated for chest pains and his doctor stated he could not appear at trial.

On the day trial was to commence, the trial court heard plaintiffs motion for…