Wrinkle v. Norman

Although I agree with the majority that courts in Kansas should adopt the relevant Restatement sections, Restatement (Second) of Torts § *427197 and Restatement (Second) of Torts § 345,1 respectfully dissent from that portion of the opinion that remands the case to the district court for further proceedings.

My review of the record and the governing legal principles persuades me that summary judgment was appropriate even under the Restatement rules and it is unnecessary to return the case for further proceedings. I base my opinion on three factors.

First, the record and the pleadings show that…