Thomas v. Heinrich Equipment Corp.

MEMORANDUM AND ORDER

O’CONNOR, Chief Judge.

This matter comes before the court on defendant Windmoeller’s motion for summary judgment. This is a products liability ease involving injury to plaintiff’s hand in the rollers of a bagging machine.

Defendant first argues that this case must be dismissed for failure to bring the action within the one-year limitations period found in K.S.A. 44-504(b). The injury occurred September 20, 1979. This case was filed February 25, 1981. In short, this case was filed within the general two-year tort limitation, but over the one-year limitation provided to the…