ATKINSON v. ORKIN EXTERMINATING CO

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Docket Number

No. 51,942

Attorney(S)

Christopher B. Bacon, of Lowe, Terry Roberts, of Olathe, argued the cause and was on the brief for the appellant. Timothy V. Pickell, of Wallace, Sanders, Austin, Brown Enochs, of Overland Park, argued the cause and Richard T. Meeker, of the same firm, was with him on the brief for the appellee.

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WANDA L. ATKINSON, Appellee, v. ORKIN EXTERMINATING COMPANY, INC., Appellant.

SYLLABUS BY THE COURT

CONTRACTS — Breach of Contract and Negligence — Warranty Claim Requirements — Waiver — Punitive Damages for Wanton Conduct — Instructions and Verdict Form Erroneous.

The opinion of the court was delivered by

HERD, J.:

We have carefully considered and reviewed the briefs, the arguments, and the record in this case, and we conclude the Court of Appeals was correct. We therefore adopt the opinion of the Court of Appeals, Atkinson v. Orkin Exterminating Co., 5 Kan. App. 2d 739, 625 P.2d 505 (1981), affirming in part and reversing in part the trial court, and remand the case to the trial court with instructions for trial of the punitive damages issue.

SCHROEDER, C.J., dissenting.

WANDA L. ATKINSON, Appellee, v. ORKIN EXTERMINATING COMPANY, INC., Appellant.

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