In Gaumer v. Rossville Truck and Tractor Co., 257 P.3d 292 (Kan. 2011) (No. 99,990), the Kansas Supreme Court addressed the question whether Kansas applies its doctrine of strict liability to sellers of used products as well as to sellers of new products. The court looked to Restatement (Second) of Torts § 402A, on which it relied when it
Gaumer v. Rossville Truck and Tractor Company, Inc., et al., 202 P.3d 81 (Kan. Ct. App. 2009) (seller of hay baler "as is" and trial court's dismissal of negligence claim upheld - plaintiff failed to present expert testimony as to standard of care applicable to seller (standard of care of seller of used hay baler outside ordinary experience and
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Gaumer v. Rossville Truck and Tractor Co. Date: March 6, 2009 Docket Number: 99990 Southwestern Bell Co. V. Board of Lyon County Comm'rs Date: February 27, 2009 Docket Number: 100678 State v. Blaurock Date: February 27, 2009
GABRIEL GAUMER, Appellant, v. ROSSVILLE TRUCK AND TRACTOR. COMPANY, INC., A KANSAS CORPORATION; INTERNATIONAL TRUCK AND ENGINE CORPORATION, A DELAWARE CORPORATION; and CNH AMERICA, LLC, A LIMITED LIABILITY COMPANY, Appellees. SYLLABUS BY THE COURT. 1. Where there is no factual dispute, appellate review …
Liming · Gabriel Gaumer appeals the district court's summary judgment in favor of Rossville Truck and Tractor Company, Inc. (RT & T), terminating his product liability suit alleging negligence and strict liability and seeking damages for the amputation of part of his arm after it was injured in a farm baler purchased from RT & T.
Liming · See Gaumer v. Rossville Truck and Tractor Co., Inc., 292 Kan. 749, 757-58 (2011) (quoting Cooper, 320 F. Supp. 2d at 1158 n.7). S&N has not addressed that issue in opposing remand. That legal issue must be resolved in plaintiff's favor in this analysis, and for this reason as well, S&N has not shown that plaintiff could have no product
Gaumer v. Rossville Truck & Tractor Co., 202 P.3d 81, 84 (Kan. Ct. App. 2009). We agree with the district court that the highly technical nature of tire design and tire-failure analysis is well outside the ken of a jury, and thus expert testimony was required to establish the standard of care.
Liming · Gaumer v. ROSSVILLE TRUCK AND TRACTOR CO. (2011) In re D.H. (2017) View Citing Opinions Get Citation Alerts Toggle Dropdown. Learn More; Authorities (24) This opinion cites: In Re MF, 206 P.3d 57 (Kan. Ct. App. 2009) (9 times) In Re SMH, 103 P.3d 976 (Kan. Ct
Liming · The Kansas Supreme Court recently held in Gaumer v. Rossville Truck & Tractor Co. that Kansas law permits a strict liability action against the seller of a used product.5 This decision is misguided. Subjecting used-product sellers to strict liability claims under all circumstances is inappropriate because the policy considerations that
Liming · Rachel E. Nelson, Kansas Allows Strict Liability Claims Against Used-Product Sellers in Gaumer v. Rossville Truck & Tractor Co.:Why the Third Restatement Is a Better Approach; Joe Schremmer, Avoidable "Fraccident": An Argument Against Strict Liability for Hydraulic Fracturing; Kansas Law Review Criminal Procedure Survey
Gaumer v. Rossville Truck & Tractor Co. 41 Kan. App. 2d 405, 202 P.3d 81 - Kansas Court of Appeals - 2009 State v. Blaurock 41 Kan. App. 2d 178, 201 P.3d 728 - Kansas
Liming · Gaumer v. Rossville Truck and Tractor Co. Kansas Supreme Court decision last year. In the Gaumer decision, the Supreme Court decided re-sellers of used products are subject to strict liability where the product causes injury, which affirmed the Court of Appeals' decision that the seller was not negligent but was responsible for strict
Liming · Gaumer v. Rossville Truck & Tractor Co., Inc., 257 P.3d 292, 303 (Kan. 2011) (quoting Kennedy v. City of Sawyer, 618 P.2d 788, 794; Lester v. Magic Chef, 641 P.2d 353 (Kan. 1982)). "Under the doctrine of strict liability the liability of a manufacturer and those in the chain of distribution extends to those individuals to whom injury from a
Gaumer v. Rossville Truck and Tractor Company, Inc., 257 P.3d 292 (Kan. Sup. Ct. 2011) (plaintiff filed suit against seller alleging negligence and strict liability for injuries caused by used hay baler purchased from seller; plaintiff's arm became caught in baler's internal moving parts causing amputation of arm; trial court granted
View Homework Help - Assignment 8-Negligence from BUS 342 at James Madison University. Assignment # 8 Negligence Read Chapter 7 in the Text, Review Notes Provided and Answer The Following 1. Define