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ANDERSON v. SCHEFFLER

No. 60,877

242 Kan. 857 (1988)

752 P.2d 667

JACOB ANDERSON, Appellant, v. RANDY SCHEFFLER, et al., Appellees.

Supreme Court of Kansas.

Opinion filed March 25, 1988.

Attorney(s) appearing for the Case

William H. Pickett, of William H. Pickett, P.C., of Kansas City, Missouri, argued the cause, and Catherine A. Donnelly, of the same firm, Michael E. Callen, of Callen, Sexton & Shelor, of Kansas City, Kansas, and Nicholas L. Swischer, of Nevada, Missouri, were with him on the brief for appellants.

James E. Switzer, of Payne & Jones, Chartered, of Overland Park, argued the cause and Bruce Keplinger and Donald R. Whitney, of the same firm, were with him on the brief for appellees.

The opinion of the court was delivered by

HERD, J.:

This is a personal injury action. Jacob Anderson appeals the granting of summary judgment by the Wyandotte District Court in favor of Randy Scheffler and Industrial Bearing and Transmission Company, Inc.

The relevant facts are: On February 2, 1984, Jacob Anderson, 19, was helping his brother James deliver a load of ground poultry meal to a plant owned and operated by Badger By-Products

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