Ballhorst v. Hahner-Foreman-Cale, Inc.

The opinion of the court was delivered by

Kaul, J.:

Defendant-appellant, Hahner-Forman-Cale, Inc., appeals from a judgment recovered by plaintiff, Newton Ballhorst, for personal injuries caused by the collapse of a haydite block wall being constructed by defendant. Plaintiff had been awarded workmen’s compensation. He brought this action for his benefit and for that of his employer, Whitesell Lumber Company, and its workmen’s compensation carrier, Employees Mutual Insurance Company, as their interests appear under the assignment provisions of K. S. A. 1970 Supp. 44-504.

In his petition plaintiff…