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GARDNER v. TOYOTA MOTOR SALES

No. 91-1496-K.

793 F.Supp. 287 (1992)

Cindy S. GARDNER, By and Through Her Guardian, Michael S. GARDNER, and Michael S. Gardner, Individually, Plaintiffs, v. TOYOTA MOTOR SALES, U.S.A., INC., a Foreign Corporation, Toyota Motor Corporation, a Foreign Corporation, and Chrysler Corporation, a Delaware Corporation, Defendants.

United States District Court, D. Kansas.

June 3, 1992.

Attorney(s) appearing for the Case

Mark Hutton of Michaud, Hutton & Bradshaw, Wichita, Kan., for plaintiffs.

James Jarrow of Baker, Sterchi & Cowden, Overland Park, Kan., Larry Withers of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan., for defendant Chrysler.

No counsel entered for defendants Toyota.

MEMORANDUM AND ORDER

PATRICK F. KELLY, Chief Judge.

Defendant Chrysler Corporation seeks dismissal of the plaintiffs' first amended complaint, alleging that the action is untimely. The complaint alleges that plaintiff Cindy Gardner was injured in a 1989 automobile accident. At the time of the accident, she was riding in a Dodge Caravan driven by Terri Garrison. The Garrison car was struck in the rear by a Toyota Corolla driven by Steven Green. Gardner and...

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