634 P.2d 1071

WANDA L. ATKINSON, Appellee, v. ORKIN EXTERMINATING COMPANY, INC., Appellant.

No. 51,942Supreme Court of Kansas
Opinion filed October 23, 1981.

SYLLABUS BY THE COURT

CONTRACTS — Breach of Contract and Negligence — Warranty Claim Requirements — Waiver — Punitive Damages for Wanton Conduct — Instructions and Verdict Form Erroneous.

Review of the judgment of the Court of Appeals in 5 Kan. App. 2d 739 (1981). Appeal from Johnson district court, division No. 6; LEWIS C. SMITH, judge. Judgment of the Court of Appeals affirming in part, reversing in part and remanding to the district court with instructions, is affirmed. Opinion filed October 23, 1981.

Christopher B. Bacon, of Lowe, Terry Roberts, of Olathe, argued the cause and was on the brief for the appellant.

Timothy V. Pickell, of Wallace, Sanders, Austin, Brown
Enochs, of Overland Park, argued the cause and Richard T. Meeker, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

We have carefully considered and reviewed the briefs, the arguments, and the record in this case, and we conclude the Court of Appeals was correct. We therefore adopt the opinion of the Court of Appeals, Atkinson v. Orkin Exterminating Co., 5 Kan. App. 2d 739, 625 P.2d 505 (1981), affirming in part and reversing in part the trial court, and remand the case to the trial court with instructions for trial of the punitive damages issue.

SCHROEDER, C.J., dissenting.

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