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HERRELL v. NATIONAL BEEF PACKING CO., LLC

No. 99,451.

202 P.3d 691 (2009)

Shelly K. HERRELL, Appellee, v. NATIONAL BEEF PACKING COMPANY, LLC, Appellant, and Terracon Consultants, Inc. & Liberty Mutual Fire Ins. Company, Appellees.

Court of Appeals of Kansas.

February 27, 2009.

Attorney(s) appearing for the Case

David J. Rebein and Aaron L. Kite, of Rebein Bangerter PA, of Dodge City, for appellants.

Matthew L. Bretz and Mitchell W. Rice, of Bretz Law Offices, of Hutchinson, for appellee Shelly K. Herrell.

Before McANANY, P.J., GREEN and BUSER, JJ.

GREEN, J.

In this premises liability case, a subcontractor's employee, Shelly K. Herrell, was injured when she stepped into a hole in the concrete floor of the landowner's (National Beef Packing Company [National Beef]) plant. Herrell was working at the plant to obtain soil samples for testing. Herrell sued National Beef, alleging that National Beef was negligent in creating, maintaining, and failing to warn of the dangerous...

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