Powell v. City of Haysville

The opinion of the court was delivered by

Kaul, J.:

Plaintiff-appellant instituted this action for damages for personal injuries against his employer, The City of Haysville, defendant-appellee. Plaintiff has appealed from a summary judgment entered in favor of defendant.

Plaintiff attacks the summary judgment on two' grounds: First, that it was entered in violation of procedural requirements of K. S. A. 60-256 (c) and, second, it was based on an erroneous finding that plaintiff did not comply with the requirements of K. S. A. 12-105 before bringing the action. Plaintiff further claims the trial…