HARDING v. K.C. WALL PRODUCTS, INC.

No. 66,513

250 Kan. 655 (1992)

831 P.2d 958

CHARLETT M. HARDING, Individually and as Executrix of the ESTATE OF JERRY R. HARDING, DECEASED, Appellee, v. K.C. WALL PRODUCTS, INCORPORATED, A Missouri Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1992.


Attorney(s) appearing for the Case

Daniel L. Fowler, of Watson, Ess, Marshall & Enggas, of Kansas City, Missouri, argued the cause, and Paul R. Lamoree, of the same firm, and Jason R. Brown, of the same firm, of Olathe, were with him on the briefs for appellant.

Jerry R. Palmer, of Palmer & Marquardt, of Topeka, argued the cause and was on the brief for appellee.

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

Randall K. Rathbun, of Depew Gillen & Rathbun, of Wichita, was on the brief for amicus curiae Kansas Trial Lawyers Association.


The opinion of the court was delivered by

HERD, J.:

Charlett M. Harding, individually and as an executrix of her husband's estate, brought this tort action against K.C. Wall Products, Inc. (K.C. Wall). K.C. Wall motioned for summary judgment, arguing Harding's claim was barred by the statute of limitations, K.S.A. 1991 Supp. 60-513. The district court denied K.C. Wall's motion and K.C. Wall brought this interlocutory appeal.

The parties stipulated...

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