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FALLS v. SCOTT

No. 65,189

249 Kan. 54 (1991)

815 P.2d 1104

BERLIN FALLS, Appellant, v. ROSEMARY SCOTT and HARRY E. OHMIE, Appellees.

Supreme Court of Kansas.

Opinion filed July 12, 1991.

Attorney(s) appearing for the Case

Gerald W. Scott, of Gerald W. Scott, P.A., of Wichita, argued the cause and was on the brief for appellant.

Michael C. Helbert, of Helbert, Bell & Smith, Chartered, of Emporia, argued the cause, and James R. Campbell, of the same firm, was with him on the brief for appellee Rosemary Scott.

John G. Atherton, of Atherton & Vander Velde, of Emporia, argued the cause and was on the brief for appellee Harry E. Ohmie.

The opinion of the court was delivered by

LOCKETT, J.:

This is a personal injury negligence action. Berlin Falls, while on his property, was severely injured when a "brush hog" mowing machine being operated on adjacent property threw a piece of wire that struck him in the face and eyes. Falls sued Rosemary Scott, the landowner, and Harry Ohmie, the mowing machine operator, for Falls' injuries resulting from their alleged...

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