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GILGER v. LEE CONSTR., INC.

No. 64,511

249 Kan. 307 (1991)

820 P.2d 390

IONA RUTH GILGER, DENNIS J. McGRAW and KATHRYN ANN McGRAW, as individuals; and DENNIS J. and KATHRYN ANN McGRAW, as guardians and natural parents of JARRETT JOE McGRAW, MARRILEE ANN McGRAW, and BRETT D. McGRAW, minors, Appellants, v. LEE CONSTRUCTION, INC.; UNGER HEATING AND AIR CONDITIONING; and PEOPLES NATURAL GAS COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed October 2, 1991.

Attorney(s) appearing for the Case

Larry E. Gregg, of Hamilton, Gregg, Barker & Johnson, of Topeka, argued the cause and was on the brief for appellants.

James T. McIntyre, of McMaster and McMaster, of Wichita, argued the cause and was on the brief for appellee Lee Construction, Inc.

Harry Bleeker, of Turner & Boisseau, Chartered, argued the cause, and Lisa A. Beran, of the same firm, was on the brief for appellee Unger Heating and Air Conditioning.

E. Edward Brown, of Calihan, Brown, Osborn, Burgardt & Wurst, of Garden City, argued the cause and John D. Osborn, of the same firm, was on the brief for appellee Peoples Natural Gas Company.

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, of Topeka, was on the brief for amicus curiae Kansas Association of Defense Counsel.

The opinion of the court was delivered by

HERD, J.:

This is a tort action for injuries sustained by the McGraw family as a result of long-term exposure to carbon monoxide. They contend the heating system in their house was negligently designed and installed by Lee Construction, Inc., (Lee) and Unger Heating and Air Conditioning (Unger). Appellants further allege Peoples Natural Gas Company (Peoples) negligently failed to find or correct the problem.

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