VOSS v. BRIDWELL

No. 42,237

188 Kan. 643 (1961)

364 P.2d 955

GARRETT VOSS, an Incompetent, by and through THELMA VOSS, Guardian of the person and estate of Garrett Voss, Appellee and Cross Appellant, v. RUSSELL E. BRIDWELL and A.K. SEN, Appellants, and JOHN I. DAVIES, Cross Appellee.

Supreme Court of Kansas.

Opinion filed September 18, 1961.


Attorney(s) appearing for the Case

John J. Alder, of Kansas City, argued the cause, and Harley V. Haskin, of Olathe, was with him on the briefs for the appellants.

Marion W. Chipman, of Hill City, argued the cause, and W.H. Clark and Kenneth Clark, both of Hill City, and Howard E. Payne, W.C. Jones, Robert P. Anderson and H. Thomas Payne, all of Olathe, were with him on the briefs for the appellee and cross appellant.

Edw. M. Boddington, Jr., of Kansas City, argued the cause, and Edw. M. Boddington and Richard J. Croker, both of Kansas City, and Hugh Kreamer, of Olathe, were with him on the briefs for the cross appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

This is a malpractice action to recover damages against three defendants, the surgeon, the anesthetist and a resident physician. The case is here on appeal from the trial court's ruling upon separate demurrers to the petition which was alleged in two counts, on an ordinary negligence and the other under the doctrine of res ipsa loquitur.

The question presented is whether the petition states...

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