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BARNES v. VEGA INDUSTRIES, INC.

No. 55,698

234 Kan. 1012 (1984)

676 P.2d 761

JOY C. BARNES, individually and as next friend and parent of CHRIS BARNES and LAURA BARNES, minors, and as Administratrix of the Estate of Phillip Barnes, Deceased, Appellant, v. VEGA INDUSTRIES, INC., Appellee.

Supreme Court of Kansas.

Opinion filed February 18, 1984.

Attorney(s) appearing for the Case

Jerry R. Palmer, of Jerry R. Palmer, P.A., of Topeka, argued the cause and was on the brief for appellant.

James P. Nordstrom, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause, and Michael K. Seck, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This wrongful death action, predicated upon products liability for defective design, was submitted to the jury on theories of negligence and strict liability in tort. The jury found defendant manufacturer, Vega Industries, Inc., free of fault and placed one hundred percent of the fault on the decedent, Phillip Barnes. Plaintiff appeals from the adverse verdict.

The facts may be summarized as...

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