EVANGELIST v. BELLERN RESEARCH CORPORATION

No. 44,799

199 Kan. 638 (1967)

433 P.2d 380

FELIX A. EVANGELIST, Appellant, v. BELLERN RESEARCH CORPORATION, a Corporation; BROCKWAY GLASS CO., a Corporation; OWENS-ILLINOIS GLASS COMPANY, a Corporation; CONWAY SPRINGS BOTTLING COMPANY, a Corporation, and PEPSI-COLA BOTTLING COMPANY OF WICHITA, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed November 13, 1967.


Attorney(s) appearing for the Case

Gerald L. Michaud, of Wichita, argued the cause, and Russell Cranmer, Orval L. Fisher, M. William Syrios, and Kenneth L. Ingham, of Wichita, were with him on the brief for the appellant.

Donald R. Newkirk, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Williard B. Thompson, David W. Buxton, John T. Conlee, John Prather, Richard I. Stephenson, and Douglas D. Johnson, of Wichita, were with him on the brief for the appellee, Bellern Research Corporation.

H.E. Jones, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, Wm. P. Thompson, Jerome E. Jones, Robert J. Roth, William R. Smith, Robert J. O'Connor, and Greer Gsell, of Wichita, were with him on the brief for the appellee, Brockway Glass Co.

Robert C. Foulston, of Wichita, argued the cause, and George B. Powers, John F. Eberhardt, Stuart R. Carter, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Ronald K. Badger, Benjamin C. Langel, Phillip S. Frick, Jerry G. Elliott, and John E. Foulston, of Wichita, were with him on the brief for the appellees, Conway Springs Bottling Company and Pepsi-Cola Bottling Company of Wichita.


The opinion of the court was delivered by

O'CONNOR, J.:

This products liability action was instituted by the plaintiff, Felix A. Evangelist, to recover damages for personal injuries sustained when a partially filled Pepsi-Cola bottle broke as he was recapping it with a device known as a "Handy Dandy." Motions for a directed verdict on behalf of all the defendants were sustained at the close of plaintiff's evidence, and he has appealed.

The defendants...

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