Court of Appeals of Kansas November 30, 2001, 85,819 (Moore v. Luther)

Johnson, J.:

The plaintiffs, Richard and Sandra Moore, appeal the district court’s dismissal, with prejudice, of their civil lawsuit against the alleged tortfeasor, Glen Luther. We affirm in part, reverse in part, and remand with instructions to dismiss the lawsuit without prejudice.

This case began rather routinely as an automobile collision case.