FLETCHER BELL, COMMISSIONER OF INSURANCE, AS ADMINISTRATOR OF THE KANSAS HEALTH CARE STABILIZATION FUND, et al., Appellants,
v.
JESSICA M. SIMON, a Minor, HATTIE FILLENWARTH, and STEPHEN J. BAZZANO, D.O., Appellees.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed April 13, 1990.
Opinion filed April 13, 1990.
Attorney(s) appearing for the Case
Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause, and Bradley S. Russell, of the same firm, was with him on the briefs for appellants.
Patrick C. Smith, of Fisher, Heck & Cavanaugh, P.A., of Topeka, argued the cause and Stephen W. Cavanaugh, of the same firm, was on the briefs for appellee Stephen J. Bazzano, D.O.
Timothy A. Short, of Spigarelli, McLane & Short, of Pittsburg, argued the cause, and Fred Spigarelli, of the same firm, was with him on the briefs for appellees Jessica M. Simon, a minor, and Hattie Fillenwarth.
Jack Peggs, of Law Office of Jack Peggs, of Wichita, and Mark Sachse, of Callen, Sexton & Shelor, of Kansas City, were on the brief for amicus curiae Kansas Trial Lawyers Association.
Supreme Court of Kansas.
The opinion of the court was delivered by
HOLMES, J.:
Fletcher Bell, Commissioner of Insurance, as Administrator of the Kansas Health Care Stabilization Fund (Commissioner), the State of Kansas, as Trustee for the Kansas Health Care Stabilization Fund, and The Kansas Health Care Stabilization Fund (Fund), plaintiffs, appeal from an adverse judgment of the Shawnee County District Court in a declaratory judgment action...
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