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KIRSCH v. DONDLINGER & SONS CONSTRUCTION CO., INC.

No. 45,904

206 Kan. 701 (1971)

482 P.2d 10

ROBERT V. KIRSCH, Appellant, v. DONDLINGER & SONS CONSTRUCTION COMPANY, INC., and CECIL E. JORDAN, d/b/a JORDAN LATHING COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed March 6, 1971.

Attorney(s) appearing for the Case

Emmet A. Blaes, of Jochems, Sargent and Blaes, of Wichita, argued the cause, and Lawrence McDonough, of the same firm, was with him on the brief for the appellant.

Gerald Sawatzky, of Wichita, argued the cause, and Mikel L. Stout, of Wichita, was with him on the brief for appellee Dondlinger & Sons Construction Co., Inc.

Kenneth H. Hiebsch, of Gamelson, Hiebsch, Robbins and Tinker, of Wichita, argued the cause and was on the brief for appellee Cecil E. Jordan, d/b/a Jordan Lathing Company.

The opinion of the court was delivered by

HARMAN, C.:

This is a negligence action brought by an architect against a general contractor and a subcontractor for personal injury sustained on a construction job. Following presentation of plaintiff's evidence before a jury the trial court sustained both defendants' motions for directed verdict and for involuntary dismissal. Plaintiff appeals.

Plaintiff's evidence revealed the following:

Plaintiff...

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