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CARROLL v. KITTLE

No. 45,408

203 Kan. 841 (1969)

457 P.2d 21

WAYNE C. CARROLL, Appellant, v. C. FREDERICK KITTLE, M.D., W. ASHCRAFT, K. O'FALLON, and HENRY A. BUBB, ARTHUR H. CROMB, C.N. CUSHING, JOHN F. EBERHARDT, RAY EVANS, CLEMENT H. HALL, DWIGHT D. KLINGER, LARRY MORGAN, ELDON SLOAN and MAX BICKFORD, MEMBERS OF THE BOARD OF REGENTS OF THE STATE OF KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1969.

Attorney(s) appearing for the Case

John E. Shamberg, of Kansas City, argued the cause, and Charles S. Schnider, Jacob F. May, Jr., and Gerald T. Elliott, all of Kansas City, and Eugene L. Smith and Harold K. Greenleaf, both of Liberal, were with him on the brief for the appellant.

J. Richard Foth, Assistant Attorney General, argued the cause, and Kent Frizzell, Attorney General, and Paul E. Artzer, Assistant Attorney General, were with him on the brief for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This is an action against the members of the Board of Regents of the State of Kansas, and others not involved in this appeal, for damages for personal injuries sustained by plaintiff while hospitalized at the University of Kansas Medical Center.

As the petition was dismissed as to the members of the State Board of Regents, on their motion, for failure to state a claim on which relief could be granted...

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