TRIMBLE, ADMINISTRATOR v. COLEMAN CO., INC.

No. 44,911

200 Kan. 350 (1968)

437 P.2d 219

IVAL L. TRIMBLE, Administrator of the Estates of James T. Griffin, Deceased, and Inez Irene Griffin, Deceased, Appellant, v. THE COLEMAN COMPANY, INC., a Corporation, and DEAN GILLEY, SR., d/b/a Gilley's Firestone Store, Appellees.

Supreme Court of Kansas.

Opinion filed January 27, 1968.


Attorney(s) appearing for the Case

Brock R. Snyder, of Topeka, argued the cause and O.B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, Jr., William G. Haynes, Charles N. Henson, Peter F. Caldwell, Roscoe E. Long and R. Austin Nothern, all of Topeka, were with him on the brief for the appellant.

Robert L. Howard, of Wichita, argued the cause and George B. Powers, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Charles J. Woodin, Mikel L. Stout, Benjamin C. Langel, Phillip S. Frick, Jerry G. Elliott, John E. Foulston and Stanley G. Andeel, all of Wichita, were with him on the brief for the appellee The Coleman Company, Inc.

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, Willard B. Thompson, David W. Buxton, John T. Conlee, John Prather, Richard I. Stephenson and Douglas D. Johnson, all of Wichita, were with him on the brief for the appellee Dean Gilley, Sr.


The opinion of the court was delivered by

FROMME, J.:

The action from which this appeal stems was brought by the administrator of the estates of James T. Griffin and Inez Irene Griffin against The Coleman Company, Inc. and Dean Gilley, Sr. to recover damages for the wrongful deaths of Mr. and Mrs. Griffin. A gas heating stove was purchased by them and was installed in the Griffin home shortly before their deaths. The apparent cause of their deaths was carbon...

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