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SIMMONS v. PORTER

No. 102,662.

312 P.3d 345 (2013)

Adam SIMMONS, Appellant, v. Richard W. PORTER and Sarah M. Porter, d/b/a Porter Farms, Appellees.

Supreme Court of Kansas.

November 8, 2013.

Attorney(s) appearing for the Case

Jeffrey W. Jones , of Hamilton, Laughlin, Barker, Johnson & Watson, of Topeka, argued the cause and was on the briefs for appellant.

Craig C. Blumreich , of Larson & Blumreich, Chartered, of Topeka, argued the cause and was on the briefs for appellees.

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

Adam Simmons was seriously injured in a gasoline fire while at work. He sued his employer for negligently failing to provide him with a reasonably safe workplace. The district court denied his claim based on the common-law assumption of risk doctrine, which can bar recovery when an employee who knows of a dangerous situation voluntarily exposes himself or herself to that danger. The Court of Appeals affirmed based...

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