Stratton v. Garvey International, Inc.

Wahl, J.:

This is an appeal by Daniel K. Stratton, plaintiff, from the entry of summary judgment in favor of Borton, Inc., defendant, in a product liability case. Judgment was entered pursuant to K.S.A. 60-254(b), and only Stratton and Borton, Inc. are parties to this appeal. Hereafter, Stratton may be called plaintiff and Borton, Inc. may be called defendant.

Plaintiff is a grain inspector for the State of Kansas. On February 16, 1981, he was injured while riding a man-lift device located in a grain elevator in Wichita, Kansas, and owned by Garvey International, Inc. Plaintiff alleged that he…