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.