GABBARD v. STEPHENSON'S ORCHARD, INC

No. KCD 28460.

565 S.W.2d 753 (1978)

Clyde D. GABBARD, Plaintiff-Appellant, v. STEPHENSON'S ORCHARD, INC., Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied May 1, 1978.

Application to Transfer Denied June 15, 1978.


Attorney(s) appearing for the Case

Stephen G. Scholl, Thomas J. Conway, Popham, Popham, Conway, Sweeny & Fremont, P. C., Kansas City, for plaintiff-appellant.

Richard H. Heilbron, Heilbron & Powell, Kansas City, for defendant-respondent.

Before ROBERT R. WELBORN, Special Judge Presiding, SHANGLER, J., and ANDREW J. HIGGINS, Special Judge.


ANDREW JACKSON HIGGINS, Special Judge.

Appeal from judgment for defendant on verdict directed at the close of plaintiff's case in action for damages for personal injuries sustained as a result of the collapse of a ladder. The question is whether, under the law and the evidence, plaintiff was entitled to have his case against defendant submitted to the jury under the theory of strict liability. Reversed and remanded.

Plaintiff's action was against Stephenson...

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