Miotk v. Rudy

Swinehart, J.:

Plaintiff appeals from the denial of a K.S.A. 60-260(b) motion to set aside a judgment of dismissal of her cause of action against defendant. The sole question on appeal is whether the trial court abused its discretion in denying the motion.

Plaintiff was allegedly injured when the vehicle in which she was a passenger was struck by a vehicle driven by defendant. Plaintiff retained John D. Logsdon, a Prairie Village attorney, to represent her in a personal injury action. A petition alleging defendant’s negligence and seeking damages was filed December 27, 1976. At a pretrial…