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DUFFEE v. MURRAY OHIO MANUFACTURING CO.

Nos. 95-3055, 95-3241.

91 F.3d 1410 (1996)

Shane DUFFEE, minor, By and Through guardian and next friend, Rose THORNTON, Plaintiff-Appellant, v. MURRAY OHIO MANUFACTURING CO., Wal-Mart Stores, Inc., and Shimano American, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 5, 1996.

Attorney(s) appearing for the Case

Mark W. Works, Topeka, Kansas, appearing for Appellant.

Donald Patterson, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Appellees Murray Ohio and Wal-Mart Stores.*

David E. Larson, Larson & Larson, Kansas City, Missouri (Randall W. Schroer with him on the brief), for Appellee Shimano American.*

Before TACHA, McWILLIAMS, and BALDOCK, Circuit Judges.

TACHA, Circuit Judge.

On February 21, 1992, Shane Duffee was struck by a car while riding his bicycle. By and through his guardian and next of friend Rose Thornton, Duffee sued Wal-Mart, Murray Ohio Manufacturing Company, and Shimano American, Inc., alleging warning, design, and manufacturing defects under negligence, strict liability, and warranty theories. The district court granted summary judgment in favor of Wal-Mart and Murray on all claims on February 8, 1995...

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