SUMMERS v. MONTGOMERY ELEVATOR CO.

No. 60,658

243 Kan. 393 (1988)

757 P.2d 1255

JAMES L. SUMMERS, Appellant, v. MONTGOMERY ELEVATOR COMPANY; OAK PARK INVESTMENT COMPANY, a Kansas General Partnership, et al.; and LERNER SHOPS, INC., D/B/A LERNER SHOP, Appellees.

Supreme Court of Kansas.

Opinion filed June 24, 1988.


Attorney(s) appearing for the Case

Thomas Francis Sullivan, of Mission Woods, argued the cause and was on the brief for appellant.

Kevin Bennett, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause and Frank Saunders, Jr., of the same firm, was with him on the brief for appellee Montgomery Elevator Company.

James E. Kelley, of Kansas City, Missouri, argued the cause, and Elizabeth M. Drill, of Brown, Koralchik & Fingersh, of Overland Park, was on the brief for appellee Oak Park Investment Company.

Ronald W. Nelson, of Law Office of Ronald W. Nelson, of Overland Park, argued the cause and was on the brief for appellee Lerner Shop.


The opinion of the court was delivered by

HERD, J.:

This is a personal injury action wherein plaintiff James Summers appeals an adverse jury verdict.

Summers is an employee of Graves Truck Line and as such made regular deliveries to Lerner Shops, Inc., located in Oak Park Mall in Overland Park. The deliveries were made through a service elevator owned and controlled by Oak Park Investment Company, manufactured by Harris-Preble, and serviced and maintained...

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