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HERRELL v. NATIONAL BEEF PACKING CO., LLC

No. 99,451.

259 P.3d 663 (2011)

Shelly K. HERRELL, Appellee, v. NATIONAL BEEF PACKING COMPANY, LLC, Appellant, and Terracon Consultants, Inc., and Liberty Mutual Fire Insurance Company, Appellees.

Supreme Court of Kansas.

August 12, 2011.

Attorney(s) appearing for the Case

Aaron L. Kite, of Rebein Bangerter, P.A., of Dodge City, argued the cause, and David J. Rebein, of the same firm, was with him on the brief for appellant.

Matthew L. Bretz, of Bretz Law Offices, of Hutchinson, argued the cause, and Mitchell W. Rice, of the same firm, was with him on the briefs for appellee, Shelly K. Herrell.

The opinion of the court was delivered by BEIER, J.:

This is a premises liability case with a twist. Plaintiff Shelly K. Herrell successfully sued defendant National Beef Packing Co., LLC (National Beef) to recover for a knee injury she suffered while working in its Dodge City beef-packing plant. National Beef appeals, arguing that Herrell's status as an employee of an independent contractor, Terracon Consultants, Inc. (Terracon), and her receipt of workers compensation...

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