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GARST v. GENERAL MOTORS CORPORATION

No. 45,893

207 Kan. 2 (1971)

484 P.2d 47

SHIRLEY J. GARST, TINA MARIE GARST, KELLI LANAY GARST, by and through their mother, SHIRLEY J. GARST, their duly appointed guardian and conservator, JOHN ROY BENTON, JERRY HANCOCK, LIBERTY MUTUAL INSURANCE COMPANY, a Corporation, Appellees, v. GENERAL MOTORS CORPORATION, Appellant, and LYLE BASKINS, Defendant.

Supreme Court of Kansas.

Opinion filed April 10, 1971.

Attorney(s) appearing for the Case

Thomas V. Koykka, of Arter & Hadden, of Cleveland, Ohio, argued the cause, and Richard C. Hite, of Kahrs, Nelson, Fanning, Hite and Kellogg, of Wichita, was with him on the brief for the appellant.

Donald Newkirk, of Fleeson, Gooing, Coulson and Kitch, of Wichita, argued the cause, and Philip Kassebaum, of the same firm, Arthur Relihan and T.D. Relihan, of Relihan, Relihan and Relihan, of Smith Center, and John Prather, of Wichita, were with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a products liability case wherein the plaintiffs in the trial court won a verdict in the total sum of $118,401.54 for death and injuries caused by the operation of a 40-ton "Euclid" earth mover manufactured by General Motors Corporation.

The issue tried in the lower court, material to the appeal, is whether General Motors was guilty of negligence in designing the braking and steering...

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