(DOWNLOAD) "Falls v. Scott" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Falls v. Scott
- Author : Supreme Court of Kansas
- Release Date : January 12, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The opinion of the court was delivered by This is a personal injury negligence action. Berlin Falls,
while on his property, was severely injured when a "brush hog"
mowing machine being operated on adjacent property threw a piece
of wire that struck him in the face and eyes. Falls sued Rosemary
Scott, the landowner, and Harry Ohmie, the mowing
[249 Kan. 56]
machine operator, for Falls' injuries resulting from their
alleged negligence. Although the jury returned a verdict for
Falls, he appeals a number of adverse trial court rulings,
claiming the trial court erred in: (1) not allowing plaintiff's
expert witness to testify concerning the nature of a brush hog
and its inherent dangerous design; (2) ruling that the brush hog
was not inherently or abnormally dangerous and its operation
within the city limits was not inherently dangerous; (3)
determining that defendant Scott was not responsible under
Restatement (Second) of Torts ร§ 427 (1963) for an independent
contractor's negligent operation of the brush hog because the
independent contractor was not performing an inherently dangerous
activity; (4) finding the landowner had committed no independent
acts of negligence; (5) ruling there was no evidence of an
employment or agency relationship between Scott and yard man
Sonny Vaugh and the men working on Scott's property; and (6)
prohibiting a plaintiff's witness from testifying as to his
employment status, but allowing defendants' witnesses to testify
as to their employment status.
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