Legal Opinion
O'DONNELL v. Fletcher
Court of Appeals of Kansas
Decided June 7, 1984No. 55,617PublishedCited by 8 opinions
1Opinion of the Court
Parks, J.:
This action was filed on behalf of a personal injury protection (PIP) insurer in the name of the injured party, Rodney K. O’Donnell, to recover payments for medical expenses and lost wages pursuant to K.S.A. 40-3113a(c). The trial court entered a judgment in favor of defendant Daniel J. Fletcher on the grounds that the statute of limitations had run and that plaintiff O’Donnell was not the real party in interest. Plaintiff appeals.
Plaintiff contends that the statute of limitations is an affirmative defense which must be pled and that the trial court erroneously denied him a default…
2Cases cited15 opinions
- Audio-Visual Marketing Corporation, and Cross-Appellees v. Omni Corporation, and Cross-AppellantsCourt of Appeals for the Tenth Circuit · 1976
- United States Fidelity & Guaranty Co. v. SlifkinDistrict Court, N.D. Alabama · 1961
- Chicago and Northwestern Transportation Company, a Corporation v. Negus-Sweenie, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1977
- Williams v. EvansSupreme Court of Kansas · 1976
- Truckweld Equipment Co. v. Swenson Trucking & Excavating, Inc.Alaska Supreme Court · 1982
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3Cited by8 opinions
- Wade v. Emcasco InsuranceCourt of Appeals for the Tenth Circuit · 2007
- Liberty Mutual Fire Insurance v. WoolmanCourt of Appeals for the Tenth Circuit · 2019
- Citizens State Bank of Grainfield v. KaiserCourt of Appeals of Kansas · 1988
- Admire Bank & Trust v. City of EmporiaSupreme Court of Kansas · 1992
- Ross-Williams v. BennettCourt of Appeals of Kansas · 2018
3 more not listed; retrieve them via the Exa API.