Smith v. Marshall Ex Rel. Marshall

Parks, J.:

This is an action brought pursuant to the Kansas Automobile Injury Reparations Act, K.S.A. 1975 Supp. 40-3101, et seq., commonly known as the Kansas No-Fault Insurance Act. Summary judgment for the defendant was entered on April 19, 1977. Plaintiff appeals.

As we turn to the factual background of this dispute, we should be mindful of the rules relating to the granting and appellate review of summary judgments. K.S.A. 60-256(c) provides for the entry of summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if…