Opinion
No. 51,535
Opinion filed October 23, 1981.
MEMORANDUM OPINION
NEGLIGENCE — Workmen's Compensation Act as Defense — Identity of Injured Worker's Employer Is Material Fact.
Review of the judgment of the Court of Appeals in 6 Kan. App. 2d 335, 627 P.2d 1193 (1981). Appeal from Wyandotte district court, division No. 5; LEO J. MORONEY, judge. Judgment of the Court of Appeals reversing and remanding to the district court is affirmed. Opinion filed October 23, 1981.
Mary L. Stuckey and J. Roy Holliday, Jr., of Speer, Austin, Holliday, Lane Ruddick, Chartered, of Olathe, argued the cause, and J. Roy Holliday, Jr., was on the brief for the appellant.
Daniel P. Hanson, of Wallace, Saunders, Austin, Brown Enochs, of Overland Park, argued the cause, and Frank Saunders, Jr., of the same firm, was with him on the brief for the appellees.
The opinion of the court was delivered by
We have carefully considered and reviewed the briefs, the arguments, and the record in this case, and we conclude that the Court of Appeals was correct in its determination of the matter. We therefore adopt the opinion of the Court of Appeals, Orr v. Holiday Inns, Inc., 6 Kan. App. 2d 335, 627 P.2d 1193 (1981), reverse the trial court upon its entry of summary judgment, and remand the case to the trial court for further proceedings in conformity with the opinion.
McFARLAND, J., not participating.