Independent Manufacturing Co. v. McGraw-Edison Co.

Spencer, J.:

This is an appeal from an order dismissing with prejudice plaintiff’s products liability action because of failure to comply with discovery orders. Error is asserted in (1) ordering plaintiff to produce two reports prepared by experts hired to investigate the cause of a fire, without affording the protective measures of K.S.A. 60-226(b)(4); and (2) dismissing plaintiff’s action with prejudice for failure to comply with discovery orders concerning those reports, and in assessing attorney fees.

On the morning of January 16, 1977, a fire occurred at plaintiff’s manufacturing plant in…