[Download] "Burkhart v. Philsco Products Co." by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Burkhart v. Philsco Products Co.
- Author : Supreme Court of Kansas
- Release Date : January 12, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The opinion of the court was delivered by Plaintiff, Kenneth Burkhart, Jr., appeals from the dismissal of his personal injury lawsuit filed against his father, Elred Burkhart; his brother, Ron Burkhart; Philsco Products Company, Inc. (Philsco); and Powerline Nylon Tow Ropes, Inc. (Powerline). As all parties apparently concede that discovery was incomplete or that additional discovery was advisable, the facts underlying the appellant's case will be stated very briefly. On October 6, 1981, plaintiff was helping his father and brother on the family farm. Kenneth was driving a John Deere 4010 tractor which became stuck in a rut. He sought assistance from his brother Ron, who was also operating a tractor. Ron threaded a chain around the front axle of Kenneth's tractor and through the loop on one end of a tow rope. At the other end of the rope, Ron put a clevis through the loop and dropped a pin through the clevis and the draw bar on his tractor. Ron proceeded to pull Kenneth's tractor from the rut when the hitch pin failed or the clevis separated causing the clevis to be propelled like a sling-shot into Plaintiff's head. Kenneth suffered severe injuries, including the loss of sight in one eye and permanent brain damage. He is now an incapacitated person and this action was filed on his behalf by his legally appointed conservator.