United States Tenth Circuit

Summary judgment was inappropriate on plaintiff's self-raising warning-defect claim under Kansas product liability law, as evidence creates a question of fact as to whether it would have been practicable for defendant to identify plaintiff as a product owner of a tractor; summary judgment on plaintiff's design-defect claims is reversed.

Appellate Information

• Decided 08/20/2003
• Published 08/20/2003

Judges

• HARTZ, Circuit Judge., Before MURPHY, BALDOCK, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• John Gehlhausen, Lamar, Colorado (Kevin Diehl, Topeka, Kansas, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Peter F. Daniel, of Lathrop & Gage L.C., Kansas City, Missouri (Tammy M. Somogye, Overland Park, Kansas, with him on the brief), for Defendant-Appellee.