Gaumer v. ROSSVILLE TRUCK AND TRACTOR CO.

The opinion of the court was delivered by

Beier, J.:

This case requires us to decide whether Kansas law recognizes a strict liability claim against the seller of a used product.

Plaintiff Gabriel Gaumer filed suit against Rossville Truck and Tractor Company, Inc. (Rossville) alleging negligence and strict liability for injuries caused by a used hay baler purchased from Rossville. The district court granted Rossville’s motion for summary judgment on both the negligence and strict liability claims. The Court of Appeals affirmed the district court’s decision regarding Gaumer’s negligence claim but…