Katzenmeier v. Oppenlander

Green, J.:

Kail and Rebecca J. Katzenmeier appeal from a summary judgment granted in favor of Lysle R. Oppenlander on their intentional and negligent misrepresentation claims. They argue that the trial court misinterpreted and misapplied a factually similar *260case, McLellan v. Raines, 36 Kan. App. 2d 1, 140 P.3d 1034 (2006), or, alternatively, that McLellan was wrongly decided. Nevertheless, because the Katzenmeiers waived their right to rely on Oppenlander’s representations and relied on their own inspections, summary judgment was appropriate. Accordingly, we affirm.

The Katzenmeiers’ primary…