Legal Opinion

Greenwood v. McDonough Power Equipment, Inc.

District Court, D. Kansas

Decided September 27, 1977No. 77-4087PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a products liability action which comes before the Court upon defendant’s motion to dismiss. The motion raises serious questions concerning the interaction of the Kansas comparative negligence statute, specifically subsection (c) of K.S.A. 60-258a, with concepts of federal diversity jurisdiction.

Plaintiff is a citizen of Kansas who was injured by a lawnmower manufactured by defendant, which is not a citizen of Kansas. The action is governed by the Kansas comparative negligence statute, K.S.A. 60-258a. 1 Subsection (c) of that statute states…

2Cases cited7 opinions

  1. Strawbridge v. CurtissSupreme Court of the United States · 1806
  2. Bielski v. SchulzeWisconsin Supreme Court · 1962
  3. Pierringer v. HogerWisconsin Supreme Court · 1963
  4. Rogers v. SpadyNew Jersey Superior Court Appellate Division · 1977
  5. Mihoy v. ProulxSupreme Court of New Hampshire · 1973

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Hardin v. Manitowoc-Forsythe Corp.Court of Appeals for the Tenth Circuit · 1982
  2. Brown v. KeillSupreme Court of Kansas · 1978
  3. Hefley v. Textron, Inc.Court of Appeals for the Tenth Circuit · 1983
  4. Clinton F. Miller v. Leavenworth-Jefferson Electric Cooperative, Inc.Court of Appeals for the Tenth Circuit · 1981
  5. Stueve v. American Honda Motors Co., Inc.District Court, D. Kansas · 1978

15 more not listed; retrieve them via the Exa API.

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