JONES v. HITTLE SERVICE, INC.

No. 47,953

219 Kan. 627 (1976)

549 P.2d 1383

SANDRA M. JONES, et al.; CAROL PEAK, et al.; and CARL SMITH, et al., Appellants, v. HITTLE SERVICE, INC.; CITIES SERVICE OIL CO.; PHILLIPS PETROLEUM CO., INC.; and MOBIL OIL CORPORATION, a/k/a SOCONY-MOBIL CO., INC., Appellees.

Supreme Court of Kansas.

Opinion filed May 8, 1976.


Attorney(s) appearing for the Case

Harker E. Russell, of Kahrs, Nelson, Fanning, Hite and Kellogg, of Wichita, argued the cause, and Darrell D. Kellogg, of the same firm, was with him on the brief for the appellants.

James Z. Hernandez, of McDonald, Tinker, Skaer, Quinn and Herrington, of Wichita, argued the cause and was on the brief for the appellee, Hittle Service, Inc.

Jerry G. Elliott, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause, and Richard D. Ewy and Christopher P. Christian, of the same firm, were on the brief for the appellee, Cities Service Oil Co.

Richard I. Stephenson, of Fleeson, Gooing, Coulson and Kitch, of Wichita, argued the cause, and Donald R. Newkirk, of the same firm, was with him on the brief for the appellee, Phillips Petroleum Co., Inc.

H.E. Jones, of Hershberger, Patterson, Jones and Roth, of Wichita, argued the cause, and Michael L. Jones, of the same firm, was with him on the brief for the appellee, Mobil Oil Corporation.


The opinion of the court was delivered by

FOTH, C.:

These are consolidated actions seeking damages for the wrongful death and pain and suffering of three persons who died as the result of a propane gas explosion on the Homer Smith farm near Mulvane, Kansas. Named as defendants were Hittle Service, Inc., the retail distributor that furnished propane to the Smith farm, and Cities Service Oil Co., Phillips Petroleum Co., Inc., and Mobil Oil Corporation, all of...

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