Mozier v. Parsons

The opinion of the court was delivered by

HOLMES, C.J.:

This case is before the court on a question certified by the United States District Court for the District of Kansas pursuant to the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq.

United States District Judge G. T. Van Bebber has certified to this court the following question:

“In a negligence action involving injury to a child, can the attractive nuisance doctrine be used to establish liability when the injury occurred in a residential swimming pool?”

The relevant facts of this case have been outlined in the certifying…