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INDEPENDENT MFG. CO. v. McGRAW-EDISON CO.

No. 52,441

6 Kan. App. 2d 982 (1981)

637 P.2d 431

INDEPENDENT MANUFACTURING CO., INC., Appellant, v. McGRAW-EDISON COMPANY, LOWMASTER ENGINEERING COMPANY, OAK INDUSTRIES, INC., GENERAL ELECTRIC CORPORATION, SUPERIOR SUPPLY COMPANY, and UNDERWRITER'S LABORATORIES, INC., Appellees.

Court of Appeals of Kansas.

Opinion filed December 3, 1981.

Attorney(s) appearing for the Case

Randall D. Palmer, of Pittsburg, for the appellant.

Thomas A. DeVore of Hall, Levy, Lively, Viets & DeVore, P.A., of Coffeyville, for the appellee McGraw-Edison Company.

Nelson E. Toburen of Wilbert, Towner, Lassman, Toburen, Fleming & Wachter, of Pittsburg, for the appellee Lowmaster Engineering Company.

Christopher Randall of Turner & Boisseau, Chartered, of Wichita, for the appellee Oak Industries, Inc.

Richard Ewy of Foulston, Siefkin, Powers & Eberhardt, of Wichita, for the appellee General Electric Corporation.

Charles E. Henshall of Henshall, Pennington & Brazil, of Chanute, for the appellee Superior Supply Company.

Rex A. Lafferty, of Fredonoa, for the appellee Underwriter's Laboratories Inc.

Before JUSTICE McFARLAND, presiding, SPENCER, J., and MARVIN O. BRUMMETT, District Judge Retired, assigned.

SPENCER, J.:

This is an appeal from an order dismissing with prejudice plaintiff's products liability action because of failure to comply with discovery orders. Error is asserted in (1) ordering plaintiff to produce two reports prepared by experts hired to investigate the cause of a fire, without affording the protective measures of K.S.A. 60-226(b)(4); and (2) dismissing plaintiff's action with prejudice for failure to comply with discovery orders concerning...

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