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FLAHERTY v. CNH INDUS. AMERICA, LLC

No. 119,704.

446 P.3d 1078 (2019)

Duane Edward FLAHERTY, Appellant, v. CNH INDUSTRIAL AMERICA, LLC, Appellee, and Straub International, Inc., Defendant.

Court of Appeals of Kansas.

Opinion filed June 28, 2019.

Attorney(s) appearing for the Case

Cynthia J. Sheppeard and N. Larry Bork , of Goodell, Stratton, Edmonds & Palmer LLP, of Topeka, for appellant.

Patrick A. Edwards , of Stinson Leonard Street LLP, of Wichita, and D. Christopher Robinson , pro hac vice, of Frost Brown Todd LLC, of Louisville, Kentucky, for appellee.

Before Arnold-Burger, C.J., Hill, J., and Stutzman, S.J.

Duane Edward Flaherty brought claims for breach of express and implied warranty against CNH Industrial America, LLC (CNH) after his 2014 Case IH Patriot 2240 Sprayer (Sprayer), manufactured by CNH, caught fire. The district court granted summary judgment to CNH, finding that Flaherty failed to prove that the Sprayer had a defect...

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