WILCHECK v. DOONAN TRUCK & EQUIPMENT, INC.

No. 47,975

220 Kan. 230 (1976)

552 P.2d 938

KEITH WILCHECK, Appellant, v. DOONAN TRUCK & EQUIPMENT, INC., DOONAN TRUCK & EQUIPMENT OF WICHITA, INC., DIESEL EQUIPMENT CO., INC., and THE JACOBS MANUFACTURING COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed July 23, 1976.


Attorney(s) appearing for the Case

Robert L. Howard, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Stephen T. Phelps, of the same firm, Daniel C. Bachmann and Jacob Graybill, both of Bachman, Arnold & Graybill, of Wichita, were with him on the briefs for the appellant.

Lee Turner, of Turner and Hensley, Chartered, of Great Bend, argued the cause, and Raymond L. Dahlberg, of the same firm, was with him on the brief for the appellee, Doonan Truck & Equipment, Inc.

William Tinker, of McDonald, Tinker, Skaer, Quinn & Herrington, of Wichita, argued the cause, and William Tinker, Jr., of the same firm, was with him on the brief for the appellee, Doonan Truck & Equipment of Wichita, Inc.

H.W. Fanning, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause, and Harker E. Russell, of the same firm, was with him on the brief for the appellee, Diesel Equipment Co., Inc.

Donald R. Newkirk, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause, and Richard I. Stephenson, of the same firm, was with him on the brief for the appellee, Jacobs Manufacturing Company.


The opinion of the court was delivered by

SCHROEDER,, J.:

This action was initiated as a products liability case involving a Model 71 Jacobs Engine Brake, used on diesel trucks. On March 17, 1969, a tractor-trailer truck in which Keith Wilcheck, (plaintiff-appellant) was a relief driver and passenger overturned as it rounded the second part of an "S" curve on a Tennessee state highway near Hornbeck, Tennessee. The...

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