Siruta v. Hesston Corp.

659 P.2d 799, 232 Kan. 654, 1983 Kan. LEXIS 263
CourtSupreme Court of Kansas
DecidedFebruary 4, 1983
Docket53,597
StatusPublished
Cited by52 cases

This text of 659 P.2d 799 (Siruta v. Hesston Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siruta v. Hesston Corp., 659 P.2d 799, 232 Kan. 654, 1983 Kan. LEXIS 263 (kan 1983).

Opinions

The opinion of the court was delivered by

Prager, J.:

This is a products liability case in which the plaintiff, Don Siruta, lost his left arm in a Hesston hay baler. Plaintiff s theory of recovery was strict liability in tort. The primary issue in the case was whether the baler, manufactured by defendant Hesston Corporation, was dangerously defective. The jury applied principles of comparative fault and found that Siruta was 34% at fault and that defendant Hesston was 66% at [655]*655fault. The jury found the plaintiff s damages to be in the total amount of $800,000. The district court entered judgment on the jury verdict in favor of the plaintiff and against the defendant in the amount of $528,000. The defendant appealed.

On the appeal, defendant raises fourteen points. Before turning to those points relating to claimed trial errors, we should first consider defendant’s challenge to the venue of the action in Ellis County. Defendant maintains that Ellis was not a county of proper venue and, hence, the judgment should be set aside. The facts relating to the venue issue were undisputed and are as follows: Defendant Hesston is a Kansas corporation with its principal administrative, engineering, and manufacturing offices in Harvey County. Defendant also maintains a business office in Johnson County. Plaintiff Siruta is a resident of Logan County. The accident occurred in Logan County and the baler involved in the accident had been purchased by the plaintiff s employer from a farm implement dealer in Logan County. Defendant Hesston does not maintain any branch office in Logan County. The defendant’s contacts with Ellis County are based on a sales and service agreement executed in 1969 between Rupp’s Inc., a farm implement dealer in Ellis County, and Hesston Corporation. The provisions of this agreement and the nature of Hess-ton’s activities in Ellis County will be discussed later.

We should first look at the Kansas statute which controls the venue of actions against defendant corporations. K.S.A. 60-604 provides:

“60-604. Actions against corporations. An action against a domestic corporation, or against a foreign corporation which is qualified to do business in this state, other than an action for which venue is otherwise specifically prescribed by law, may be brought in the county,
“(1) in which its registered office is located, or
“(2) in which the cause of action arose, or
“(3) in which the defendant is transacting business at the time of the filing of the petition, or
“(4) in which there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 60-1005 at the time of the filing of the action.”

The plaintiff brought this action in Ellis County on the basis of paragraph (3) — that the defendant was “transacting business at the time of the filing of the petition.” Simply stated, the defendant maintains that the defendant was not transacting business in [656]*656Ellis County at the time of the filing of the petition within the meaning of the statutory language. The issue presented is one that has not been determined by the Kansas appellate courts. In interpreting the questioned statutory language, it would be helpful to consider the previous Kansas statute on venue and pertinent decisions of Kansas and federal courts.

Prior to the adoption of the Kansas Code of Civil Procedure effective January 1, 1964, the venue of actions against domestic corporations was governed by G.S. 1949, 60-504 which provided as follows:

“60-504. Action against domestic corporation. An action, other than one of those mentioned in the first three sections of this article, against a corporation created by the laws of this state or of the territory of Kansas, may be brought in the county in which it is situated, or has its principal office or place of business, or in which any of the principal officers thereof may reside, or may be summoned; but if such corporation be an insurance company, the action may be brought in the county where the cause of action, or some part thereof, arose, or where the plaintiff resides. But the provisions of this article shall not apply in the case of any corporation created by a law of this state or the territory of Kansas whose charter prescribes the place where alone a suit against such corporation may be brought.” (Emphasis supplied.)

It should be noted that under G.S. 1949, 60-504 a domestic corporation had to be sued in the county in which it had its principal office or place of business or in which any of its principal officers may reside or may be summoned. There was no provision for suing a domestic corporation in any county in Kansas where it was transacting business.

G.S. 1949, 60-2518 provided for the serving of summons against a corporation in the following language:

“A summons against a corporation may be served upon the president, resident agent, mayor, chairman of the board of directors, or trustees, or other chief officer; or, if its chief officer is not found in the county, upon its cashier, treasurer, secretary, clerk or managing agent; or if none of the aforesaid officers can be found, by a copy left at the office or usual place of business of such corporation, with the person having charge thereof, or by the delivery of a copy at the registered office of the corporation, or to the registered agent of the corporation.”

The issue has arisen and been determined whether under the two statutes cited above a domestic corporation could be sued in a county other than where its principal office was located. In McLeod v. Trusler Grain Co., 127 Kan. 119, 272 Pac. 119 (1928), the defendant corporation’s principal place of business was Lyon [657]*657County, but it had a branch office in Shawnee County. The action was filed in Shawnee County and service was made on the local manager in Shawnee County. The defendant challenged the venue in Shawnee County. The court, in McLeod, construed the statutes together and concluded that where a domestic corporation maintains an office in several counties in the state and where it transacts business in several counties where it has a local office, an action could be brought in any such county and it was not necessary for the suit to be brought in the county where its principal office was located. A similar result was reached in Sluss v. Brown-Crummer Inv. Co., 137 Kan. 847, 22 P.2d 965 (1933).

In 1948, the Congress of the United States enacted what is now 28 U.S.C. § 1391 (1976) which provides in section (c):

“A corporation may be sued in any judicial district in which it is incorporated or licensed to do business or is doing business, and such judicial district shall be regarded as the residence of such corporation for venue purposes.” (Emphasis supplied.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bullock v. BNSF Railway Co.
Supreme Court of Kansas, 2017
Wilson Sporting Goods Co. v. Hickox
59 A.3d 1267 (District of Columbia Court of Appeals, 2013)
Gaumer v. ROSSVILLE TRUCK AND TRACTOR CO.
257 P.3d 292 (Supreme Court of Kansas, 2011)
Williams v. Lawton
207 P.3d 1027 (Supreme Court of Kansas, 2009)
Gaumer v. ROSSVILLE TRUCK AND TRACTOR CO.
202 P.3d 81 (Court of Appeals of Kansas, 2009)
Williams v. Lawton
170 P.3d 414 (Court of Appeals of Kansas, 2007)
Griffin v. Suzuki Motor Corp.
124 P.3d 57 (Supreme Court of Kansas, 2005)
Cardenas v. Dorel Juvenile Group, Inc.
230 F.R.D. 611 (D. Kansas, 2005)
Messer v. Amway Corporation
106 F. App'x 678 (Tenth Circuit, 2004)
Norton Farms, Inc. v. Anadarko Petroleum Corp.
91 P.3d 1239 (Court of Appeals of Kansas, 2004)
DiPietro v. Cessna Aircraft Co.
16 P.3d 986 (Court of Appeals of Kansas, 2000)
Delaney v. Deere and Co.
999 P.2d 930 (Supreme Court of Kansas, 2000)
Kinser v. Gehl Company
184 F.3d 1259 (Tenth Circuit, 1999)
Hyjek v. Anthony Industries
133 Wash. 2d 414 (Washington Supreme Court, 1997)
Delaney v. Deere and Co.
985 F. Supp. 1009 (D. Kansas, 1997)
Jones v. Sigg
930 P.2d 1077 (Supreme Court of Kansas, 1997)
Jenkins v. Amchem Products, Inc.
886 P.2d 869 (Supreme Court of Kansas, 1994)
Patton v. Hutchinson Wil-Rich Manufacturing Co.
861 P.2d 1299 (Supreme Court of Kansas, 1993)
State v. Workman
852 P.2d 981 (Utah Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
659 P.2d 799, 232 Kan. 654, 1983 Kan. LEXIS 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siruta-v-hesston-corp-kan-1983.