Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Corvias Military Living, LLC v. Ventamatic, Ltd.

Court of Appeals of Kansas

June 2, 2017

Corvias Military Living, LLC, and Corvias Military Construction, LLC, Appellants,
v.
Ventamatic, Ltd., and Jakel, Inc., Appellees.

         SYLLABUS

         1. The Kansas Product Liability Act, K.S.A. 60-3301 et seq., governs all product liability actions, consolidating them into one basis for liability regardless of theory.

         2. The economic loss doctrine-which is judicially created-bars a purchaser of an allegedly defective product from recovering from a manufacturer under a tort theory for damages that are solely economic.

         3. Originally, the economic loss doctrine only applied to prevent recovery for damages to the product itself. Over the years, the application of the economic loss doctrine has been expanded to other circumstances.

         4. Kansas courts have adopted the integrated systems approach. If a component part or component product is considered to be part of the integrated system, the damage to that property is considered to be damage to the product itself.

         5. In determining whether a component part and the damaged property are an integrated system, courts must determine whether the component part is integral to the functioning of or indistinguishable from the damaged property.

         Appeal from Geary District Court; Benjamin J. Sexton, judge. Reversed and remanded.

          Charles L. Philbrick, of Rathje & Woodward, LLC, of Wheaton, Illinois, and William J. Bahr, of Arthur-Green, LLP, of Manhattan, for appellants.

          James P. Nordstrom and Seth A. Lowry, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, for appellee Ventamatic, Ltd.

          David E. Rogers and Daniel J. Buller, of Foulston Siefkin LLP, of Wichita, for appellee Jakel Motors Inc.

          Before Bruns, P.J., Hill and Schroeder, JJ.

          Bruns, J.

         Corvias Military Living, LLC, and Corvias Military Construction, LLC, (collectively referred to as "Corvias") appeal a summary judgment granted in favor of Ventamatic, Ltd., and Jakel, Inc., by the district court. Corvias originally filed this lawsuit against multiple defendants, alleging that bathroom exhaust fans installed in private housing units constructed for the families of military personnel stationed at Fort Riley were defective. Corvias claimed that a defective motor in the exhaust fans caused two fires and widespread malfunctions. Ventamatic manufactured the exhaust fans, and Jakel made the electrical motors used in the fans.

         Prior to the entry of summary judgment, Corvias voluntarily dismissed all of the defendants except for Ventamatic and Jakel. In granting summary judgment to Ventamatic and Jakel, the district court found that the economic loss doctrine barred recovery. Specifically, the district court found that the bathroom exhaust fans and the housing units were integrated systems. In addition, the district court determined that Corvias could not recover under an implied warranty theory because bathroom exhaust fans are not inherently dangerous.

         Because we find that the bathroom exhaust fans and the housing units are not part of an integrated system, we conclude that the district court erred in finding that the economic loss doctrine barred Corvias from proceeding on its product liability claim against Ventamatic and Jakel. In light of this conclusion, we do not reach the issue of whether the exhaust ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.