SUPERIOR BOILER WORKS, INC. v. KIMBALL

No. 103,367.

259 P.3d 676 (2011)

SUPERIOR BOILER WORKS, INC., Appellant, v. F. Robert KIMBALL, Mark Stuerman, and Ferris Kimball Company, LLC, Appellees.

Supreme Court of Kansas.

August 12, 2011.


Attorney(s) appearing for the Case

Vincent F. Reilly , of Reilly, Janiczek & McDevitt, P.C., of Merchantville, New Jersey, argued the cause, and Lewis C. Miltenberger , of the Miltenberger Law Firm, PLLC, of Southlake, Texas, and Thomas E. Rice, Jr. , of Baker Sterchi Cowden & Rice, L.L.C., of Overland Park, were with him on the brief for appellant Superior Boiler Works, Inc.

Dennis L. Horner , of Horner & Duckers, Chartered, of Kansas City, Kansas, argued the cause, and Keith C. Sevedge , of Lenexa, was with him on the brief for appellee F. Robert Kimball.

Eric D. Barton , of Wagstaff & Cartmell, LLP, of Kansas City, Missouri, argued the cause, and Tyler Hudson and Adam S. Davis , of the same firm, were with him on the brief for appellees Mark Stuerman and Ferris Kimball Company, LLC.


The opinion of the court was delivered by LUCKERT, J.:

In Koplin v. Rosel Well Perforators, Inc., 241 Kan. 206, 734 P.2d 1177 (1987), this court concluded that "absent some independent tort, contract, agreement, voluntary assumption of duty, or special relationship of the parties, the new tort of `the intentional interference with a prospective civil...

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