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ERNEST v. FALER

No. 57,013

237 Kan. 125 (1985)

697 P.2d 870

BILL ERNEST, Plaintiff-Appellant, v. ROBERT D. FALER d/b/a BOB FALER AERIAL SPRAY SERVICE, Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed April 5, 1985.

Attorney(s) appearing for the Case

M. Doug Bell, of Becker, Hildreth, Eastman, Gossard, Bell and Hassenplug, of Coffeyville, argued the cause and was on the brief for appellant.

Robert K. Scovel, of Scovel, Emert, Heasty & Oakleaf, of Independence, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an action to recover damages resulting from alleged negligence in the application of a chemical pesticide by an aerial sprayer, the defendant-appellee, Robert D. Faler, who operates Bob Faler Aerial Spray Service. On June 4, 1982, the defendant sprayed a pesticide on real property adjacent to the property of the plaintiff, Bill Ernest, in Montgomery County. In his petition, plaintiff alleged that...

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