Warden v. City of Wichita

The opinion of the court was delivered by

McFarland, J.:

This is an action by plaintiff, Patricia Warden, against defendant City of Wichita seeking recovery for personal injuries she received as a result of mob violence. The district court dismissed the action pursuant to K.S.A. 60-212(fe)(6) on the grounds plaintiff had failed to state a claim against the defendant municipality upon which relief could be granted. Plaintiff appeals from said determination.

The facts, as stated in plaintiffs petition, are summarized as follows. Shortly after 6:00 p.m. on April 21,1980, a large crowd of disorderly…