THIES v. COOPER

No. 61,570

243 Kan. 149 (1988)

753 P.2d 1280

MARCIA L. THIES, et al., Plaintiffs, v. MICHAEL COOPER, et al., Defendants, and NOREEN MALCHOW, Plaintiff, v. MICHAEL COOPER, et al., Defendants.

Supreme Court of Kansas.

Opinion filed April 29, 1988.


Attorney(s) appearing for the Case

Gary D. McCallister, of Davis, Wright, Unrein, Hummer & McCallister, of Topeka, argued the cause and Kerry M. Gasper, of the same firm, was with him on the brief for plaintiffs.

Paula J. Wright, of King, Adrian, King & Brown, Chtd., of Salina, argued the cause and Robert M. Adrian, of the same firm, was with her on the brief for defendant V & M Distributing, Inc.

Donald W. Vasos and David A. Hoffman, of Vasos, Kugler & Dickerson, of Kansas City, were on the brief for amicus curiae Kansas Trial Lawyers Association.

John W. Mize and James P. Mize, of Clark, Mize, & Linville, Chartered, of Salina, were on the brief for amicus curiae Kansas Association of Defense Counsel.


The opinion of the court was delivered by

LOCKETT, J.:

Under the authority of the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq., the United States District Court, Wichita, Kansas, asks: whether, under Kansas law, an employer who makes available free cereal malt beverages in uncontrolled amounts to its employees on the employer's premises may be held liable for all foreseeable consequences...

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