Burkhart v. Philsco Products Co.

The opinion of the court was delivered by

Holmes, J.:

Plaintiff, Kenneth Burkhart, Jr., appeals from the dismissal of his personal injury lawsuit filed against his father, Elred Burkhart; his brother, Ron Burkhart; Philsco Products Company, Inc. (Philsco); and Powerline Nylon Tow Ropes, Inc. (Powerline).

As all parties apparently concede that discovery was incomplete or that additional discovery was advisable, the facts underlying the appellant’s case will be stated very briefly. On October 6, 1981, plaintiff was helping his father and brother on the family farm. Kenneth was driving a John Deere…