The Kansas Supreme Court ruled that an arbitration action between a deceased worker’s family and his former employer does not qualify as a judicial determination of comparative fault where no other potential tortfeasors were involved.
Case: Hodges v. Walinga USA Inc., No. 125,778, 07/21/2023, published.
Facts: Timothy Hunt worked for Butts Farms. In the fall of 2019, Hunt was directed to use a grain vacuum produced by Walinga Inc. and Walinga USA Inc. to remove corn from a grain trailer owned by Butts Farms.
Hunt had to stand on top of the corn as he operated the vacuum, and he became...
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