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'One-Action Rule' Doesn't Bar Family From Suing Equipment Manufacturer

Tuesday, July 25, 2023 | 0

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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