KINELL v. N.W. DIBLE CO.

No. 57,863

240 Kan. 439 (1987)

731 P.2d 245

BARNEY KINELL, et al., As Members of the Board of Directors of Pinebrooke Condominium Association Subdivision and on Behalf of Themselves and All Other Condominium Unit Owners and Members of the Association; COLONIAL INVESTORS, INC.; and SAM DEMARCO, et al., Appellants, v. N.W. DIBLE COMPANY; WILLIAM H. HICKOK; DOROTHY R. HICKOK, Administratrix; and Co-trustees of the Trust of John D. Hickok, Deceased, Appellees.

Supreme Court of Kansas.

Opinion filed January 16, 1987.


Attorney(s) appearing for the Case

Cindy Hoover Reams, of Jackson, Dillard, Brouillette, Weisenfels, Phillips & Wood, P.C., of Kansas City, Missouri, argued the cause, and C. Brooks Wood, of the same firm, and Mark C. Owens, of Bornholdt, Landeck & Owens, of Overland Park, were on the briefs for appellees.

Richard L. Routman, of Grier & Swartzman, of Kansas City, Missouri, argued the cause, and Charles M. Thomas, of the same firm, and Bernis G. Terry, of Lowe, Terry & Roberts, of Olathe, were with him on the briefs for appellants.


The opinion of the court was delivered by

McFARLAND, J.:

This is an action by members of the Pinebrooke Condominium Association Subdivision Board of Directors (plaintiffs-appellants), individually and on behalf of all other Pinebrooke condominium owners, against the builder-original owners of the complex (N.W. Dible Co. et al.) seeking damages resulting from negligent installation of fireplaces in the condominiums. The district court entered summary...

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