BURKHART v. PHILSCO PRODUCTS CO.

No. 59,370

241 Kan. 562 (1987)

738 P.2d 433

KENNETH BURKHART, JR., an incapacitated person, by J. Byron Meeks, Conservator, Appellant, v. PHILSCO PRODUCTS COMPANY, INC., a Kansas Corporation; POWERLINE NYLON TOW ROPES, INC., an Ohio Corporation; RON BURKHART and ELRED BURKHART, Appellees.

Supreme Court of Kansas.

Opinion filed June 12, 1987.


Attorney(s) appearing for the Case

Michael J. Friesen, of Law Offices of Michael J. Friesen, P.A., of Garden City, argued the cause and was on the briefs for appellant.

Tom Berscheidt, of Ward & Berscheidt, of Great Bend, argued the cause and was on the brief for appellee Philsco Products Company, Inc.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Rae E. Batt, of Kinsley, was with him on the brief for appellee Powerline Nylon Tow Ropes, Inc.

Harry Bleeker, of Turner and Boisseau, Chartered, of Great Bend, argued the cause and Casey R. Law, of the same firm, was on the brief for appellees Ron and Elred Burkhart.


The opinion of the court was delivered by

HOLMES, J.:

Plaintiff, Kenneth Burkhart, Jr., appeals from the dismissal of his personal injury lawsuit filed against his father, Elred Burkhart; his brother, Ron Burkhart; Philsco Products Company, Inc. (Philsco); and Powerline Nylon Tow Ropes, Inc. (Powerline).

As all parties apparently concede that discovery was incomplete or that additional discovery was advisable, the facts underlying the appellant's case...

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