KERNS v. G.A.C., INC.

No. 68,405

255 Kan. 264 (1994)

875 P.2d 949

AARON KERNS, A Disabled Minor, By and Through Samuel Kerns, His Natural Parent, Natural Guardian, and Next Friend, Appellant/Cross-Appellee, v. G.A.C., INC., et al., Appellees/Cross-Appellants, and AMERICAN FENCE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed May 27, 1994.


Attorney(s) appearing for the Case

Jeffery L. Carmichael, of Morris, Laing, Evans, Brock & Kennedy, of Wichita, argued the cause, and Ken M. Peterson and Diane S. Worth, of the same firm, were with him on the briefs for appellant/cross-appellee.

Nicholas S. Daily, of Depew, Gillen & Rathbun, of Wichita, argued the cause for appellee American Fence Company.

James L. Cline, of Turner and Boisseau, Chartered, of Wichita, argued the cause, and Eldon L. Boisseau, Christopher P. Christian, and Anne M. Hull, of the same firm, were on the briefs for appellees/cross-appellants G.A.C., Inc., and Harold and Ena Orindgreff.

Wayne T. Stratton and John D. Ensley, of Goodell, Stratton, Edmonds & Palmer, of Topeka, appeared on the brief for amici curiae Kansas Hospital Association and Kansas Medical Society.


The opinion of the court was delivered by

LOCKETT, J.:

Plaintiff Aaron Kerns, a six-year-old child, fell into a closed swimming pool at Green Acres Mobile Home Park (the park) and nearly drowned, sustaining serious injuries. Through his father, he sued, alleging negligence by the operators of the park, the corporation that owned the park, and the fabricator and installer of the fence that surrounded the pool. The operators and the fence company were granted...

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