William A and Ann M. Jacobs - Page 12




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          Fono v. Commissioner, 79 T.C. 680, 694 (1982), affd. without                
          published opinion 749 F.2d 37 (9th Cir. 1984).  That intent is              
          clearly expressed in the language of the release and pretrial               
          order.  We do not need to look further.                                     
                We also find persuasive the lack of any reference to                  
          personal injuries in the amended complaint and/or pretrial                  
          order.  Petitioners never made a claim for or reference to                  
          personal injuries suffered on the job in either.  The complaint             
          contained only a challenge to the exempt status of certain                  
          State employees and asserted those employees’ rights to receive             
          overtime compensation.  Though notice pleading is allowed by                
          the Kansas Code of Civil Procedure, Rules Civ. Proc., Kan.                  
          Stat. Ann. sec. 60-208(e)(1) (1994), the short plain statement              
          of the claim is sufficient only if it gives the defendant “fair             
          notice of what the plaintiff’s claim is and the ground upon                 
          which it rests.”  Rinsley v. Frydman, 559 P.2d 334, 338 (Kan.               
          1977) (citing Conley v. Gibson, 355 U.S. 41, 47 (1957)).                    
          Though it is not necessary to spell out a legal theory of                   
          relief in the pleadings, the opponent must be apprised of the               
          facts that entitle the plaintiff to relief.  See Oller v.                   
          Kincheloe’s, Inc., 681 P.2d 630, 637 (Kan. 1984).  Petitioners              
          alleged no facts that provide even a hint of personal injury or             
          illness.  Petitioners attempt to justify the lack of facts                  
          about injury or illness by claiming that the pretrial order had             






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