CAPPS v. VALK

No. 41,383

184 Kan. 796 (1959)

339 P.2d 62

CECILE CAPPS, Appellee, v. WILLIAM L. VALK, Appellant.

Supreme Court of Kansas.

Opinion filed May 16, 1959.


Attorney(s) appearing for the Case

John J. Alder, of Kansas City argued the cause, and H.S. Roberts, of Kansas City, was with him on the briefs for the appellant.

Harold E. Gregg, of Independence, argued the cause, and Walter Fuller, Jr., of Kansas City, was with him on the brief for the appellee.


The opinion of the court was delivered by

JACKSON, J.:

This is an action for malpractice by the appellee against the appellant. The appellant physician is appealing from an order of the district court overruling his demurrer to the second amended petition of the appellee.

In the petition now under discussion, there are three causes of action. In the first cause, appellee alleges that appellant negligently left a drain tube in her body after an operation...

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