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ESTATE OF BRYANT v. ALL TEMPERATURE INSULATION, INC.

No. 73,862.

22 Kan. App.2d 387 (1996)

916 P.2d 1294

ESTATE OF JOHN R. BRYANT and BARBARA BRYANT, Individually and on behalf of the Heirs at Law of JOHN R. BRYANT, Plaintiff, v. ALL TEMPERATURE INSULATION, INC., Defendant, and APAC-KANSAS, INC., Defendant/Third-Party Plaintiff/Appellant, v. FOLEY COMPANY, Third-Party Defendant/Appellee.

Court of Appeals of Kansas.

Opinion filed May 17, 1996.

Attorney(s) appearing for the Case

Anthony F. Rupp, of Shughart Thomson & Kilroy, P.C., of Overland Park, and Robert A. Henderson, of the same firm, of Kansas City, Missouri, for the appellant.

Katherine C. Opie and Hal Pierce, of Couch, Strausbaugh, Pierce & King, Chartered, of Overland Park, for the appellee.

Before RULON, P.J., LEWIS, J., and JANICE D. RUSSELL, District Judge, assigned.

LEWIS, J.:

John R. Bryant was injured in a construction accident in 1992. At the time of his injury, he was employed by Pioneer Electric (Pioneer) and was a statutory employee of Foley Company (Foley).

Bryant filed suit against All Temperature Insulation, Inc., (All Temp), alleging that its negligence was one of the causes of his injuries. He also sued APAC-Kansas, Inc., (APAC), claiming that a crane owned by APAC was negligently operated, thus contributing...

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