Arredondo v. Duckwall Stores, Inc.

The opinion of the court was delivered by

Miller, J.:

The issue in this interlocutory appeal is whether the Kansas comparative negligence statute applies in an action for personal injuries where liability is premised upon violation of a statute prohibiting sale of explosives to minors. The trial court denied plaintiff’s motion to strike from the answer defendant’s *843claim that the comparative negligence statute applies; plaintiff appeals.

The facts alleged and supported by plaintiff’s deposition are these: On October 30,1977, when plaintiff was 16 years of age, he purchased gunpowder from one of…