Legal Opinion

Heath v. John Deere Co. of Kansas City

District Court, W.D. Oklahoma

Decided December 1, 1969No. Civ. No. 69-97PublishedCited by 1 opinion

1Opinion of the Court

ORDER

DAUGHERTY, District Judge.

Defendant John Deere Company of Kansas City (Deere) has moved for summary judgment in this case. Plain*237tiff is suing for damages arising out of an accident on a combine he alleges was manufactured by Deere. Plaintiff claims he is entitled to recover from Deere because it breached an implied warranty of fitness for use and because it was negligent in the design and manufacture of the combine. The bases of Deere’s Motion for Summary Judgment are as follows: (1) There is no privity between Plaintiff and Defendant Deere, which under Kansas law is a bar to Plaintiff’s…

2Cases cited14 opinions

  1. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  2. Zampos v. United States Smelting, Refining and Mining Co. Anderson v. United States Smelting, Refining and Mining CoCourt of Appeals for the Tenth Circuit · 1953
  3. Sinclair Prairie Oil Co. v. ThornleyCourt of Appeals for the Tenth Circuit · 1942
  4. Stevens v. Allis-Chalmers Manufacturing Co.Supreme Court of Kansas · 1940
  5. Teeters v. FrostSupreme Court of Oklahoma · 1930

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3Cited by1 opinion

  1. Foraker v. Cyclops Corp.District Court, N.D. Ohio · 1985

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