CAPPS v. VALK

No. 42,453

189 Kan. 287 (1962)

369 P.2d 238

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

Supreme Court of Kansas.

Opinion filed March 3, 1962.


Attorney(s) appearing for the Case

Harold E. Gregg, of Topeka, argued the cause, and Walter Fuller, Jr., of Kansas City, was with him on the briefs for appellant.

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


The opinion of the court was delivered by

FATZER, J.:

This was an action to recover damages for malpractice in leaving an eight-inch drain tube in the body of the plaintiff. The case was here previously, Capps v. Valk, 184 Kan. 796, 339 P.2d 62, and it was held plaintiff's second amended petition alleged a cause of action against the defendant. Trial was had upon the issues by a jury...

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