Timsah v. General Motors Corp‪.‬

The opinion of the court was delivered by This is a products liability case brought by members of the Timsah family for personal injuries and property damage sustained in a single vehicle accident. The theories of recovery alleged against the manufacturer of a 1972 GMC 2-ton dump truck were (1) breach of an implied warranty of fitness and merchantability arising from an alleged defective power steering hose, and (2) negligence of the manufacturer in designing, testing, inspecting and equipping said vehicle with said defective power steering hose. The truck was purchased in September. The accident occurred the following month. It is contended the hose failed under pressure and caused a steering disability. The plaintiffs were unsuccessful below. Trial of the case resulted in a jury verdict for defendant, General Motors Corporation. The plaintiffs have appealed. One question raised by appellants is whether the verdict is contrary to the evidence. The evidence introduced at the trial was sharply conflicting but in view of the general verdict for defendant all controverted issues of fact were resolved against the appellants and if supported by evidence or by reasonable inferences to be drawn from the evidence the verdict must stand. Montgomery v. Morgenson, 213 Kan. 167, 515 P.2d 746 (1973). We will review the evidence in a light most favorable to the appellee.