Justia Kansas Supreme Court Opinion Summaries

The Supreme Court affirmed in part and reversed in part the court of appeals' judgment reversing the district court's judgment dismissing Plaintiffs' claim for, inter alia, product liability, holding that the Kansas Product Liability Act, Kan. Stat. Ann. 60-3301 et seq., does not subsume or extinguish any legally viable alternative cause of action seeking recovery for direct or consequential economic loss.After Plaintiffs built thousands of homes they installed bathroom ceiling fans constructed by Defendants. Several ceiling fans caught fire and damaged several homes. Plaintiffs removed and replaced the remaining fans and then brought this lawsuit asserting several claims, including claims for product liability. The district court concluded that the economic loss doctrine barred Plaintiffs from recovery. The court of appeals reversed, holding that the economic loss doctrine did not bar Plaintiffs from asserting a product liability claim because the property damage to the homes was not economic loss. The Supreme Court reversed in part, holding (1) the court of appeals properly reversed the summary judgment with respect to any property damage; and (2) because it cannot be discerned whether some or all of the claims Plaintiffs claimed as removal and replacement damages were legally recoverable in an unjust enrichment cause of action, the case must be remanded. View "Corvias Military Living, LLC v. Ventamatic, Ltd." on Justia Law

Plaintiff Gabriel Gaumer filed suit against Rossville Truck and Tractor Company, 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 reversed on his strict liability claim. Rossville petitioned for review, and the Supreme Court granted the petition on the single issue of whether strict liability can be applied to a seller of used goods. After analyzing both the state's common law and the Kansas Product Liability Act, the Court held that sellers of used product are subject to strict liability in Kansas. The decision of the district court was therefore reversed, and the decision of the court of appeals was affirmed. Remanded. View "Gaumer v. Rossville Truck & Tractor Co." on Justia Law