RHODES v. DeHAAN

No. 41,227

184 Kan. 473 (1959)

337 P.2d 1043

KENNETH T. RHODES, Appellant, v. CHARLES DeHAAN, M.D.; ERNEST P. CARREAU, M.D.; RAY T. PARMLEY, M.D.; ADRIAN MEE, M.D.; WESLEY HOSPITAL AND NURSE TRAINING SCHOOL, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed April 11, 1959.


Attorney(s) appearing for the Case

C.H. Morris, of Wichita, argued the cause, and Robert F. Bailey and Lester A. Holloway, both of Wichita, were with him on the briefs for the appellant.

William Tinker, of Wichita, argued the cause, and Getto McDonald, Arthur W. Skaer, Hugh P. Quinn, William Porter, John E. Lancelot, and Alvin D. Herrington, all of Wichita, were with him on the briefs for Charles DeHaan, M.D., Ray T. Parmley, M.D., and Wesley Hospital and Nurse Training School, a Corporation, appellees.

Wm. P. Thompson, of Wichita, argued the cause, and Richard Jones, A.W. Hershberger, H.E. Jones, Jerome E. Jones, and Robert J. Roth, all of Wichita, were with him on the briefs for Ernest P. Carreau, M.D., Ray T. Parmley, M.D., and Adrian Mee, M.D., appellees.


The opinion of the court was delivered by

PARKER, C.J.:

This was an action to recover damages for malpractice. Separate demurrers by the respective defendants to plaintiff's amended petition were sustained. Plaintiff appeals from such rulings.

Plaintiff commenced the action by filing a petition. Defendants attacked that pleading by a motion requesting an order requiring plaintiff to elect whether his cause of action was based upon res ipsa loquitur...

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