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McDANIEL v. SOUTHWESTERN BELL, INC.

No. 103,038.

256 P.3d 872 (2011)

45 Kan. App. 2d 805

Christopher McDANIEL and Nancy Mulberry f/k/a Nancy McDaniel, Appellants, v. SOUTHWESTERN BELL, INC., John Doe 1 and John Doe 2, Defendants, and Southwestern Bell Telephone, L.P., Intervenor/Appellee.

Court of Appeals of Kansas.

April 29, 2011.

Attorney(s) appearing for the Case

Steve R. Fabert and Justice B. King, of Fisher, Patterson, Sayler & Smith, L.L.P., for appellants.

Jeffrey A. Chubb, of Scovel, Emert, Heasty, Chubb & Gettler, of Independence, and Bruce A. Ney, of AT & T Services, Inc., of Topeka, for appellee.

Before GREENE, C.J., PIERRON and ARNOLD-BURGER, JJ.

ARNOLD-BURGER, J.

After obtaining a default judgment against the wrong corporation, the appellants tried to amend their pleadings to name the correct corporation under K.S.A. 60-215(b). The district court denied their request. Because K.S.A. 60-215(b) does not allow amendment of the pleadings after default judgment, we affirm.

FACTS

This case began in July 2001 when Christopher McDaniel tripped over an uncovered telephone wire while playing catch...

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