Legal Opinion

Najera v. General Pest Control

Court of Appeals of Kansas

Decided December 10, 2021No. 122494Published

1Opinion of the Court

No. 122,494 IN THE COURT OF APPEALS OF THE STATE OF KANSAS NORMA NAJERA and TERI SHOPE, Appellants, v. GENERAL PEST CONTROL, LLC (CITY OF MOSCOW and EMC INSURANCE), Appellees. SYLLABUS BY THE COURT 1. Under these facts, defendants are not entitled to judgment as a matter of law on the issue of causation where circumstantial evidence could cause reasonable people to disagree on whether plaintiffs' exposure to pesticides proximately caused their alleged medical conditions. 2. In an action for negligence, the plaintiff's claim is properly submitted to the fact- finder on the element of causation…

2Cases cited13 opinions

  1. Baker v. City of Garden CitySupreme Court of Kansas · 1987
  2. Hale v. BrownSupreme Court of Kansas · 2008
  3. Nunez v. WilsonSupreme Court of Kansas · 1973
  4. Siruta Ex Rel. Heirs at Law of Siruta v. SirutaSupreme Court of Kansas · 2015
  5. Francis v. A. T. & S. F. RailroadSupreme Court of Kansas · 1877

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