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HECHT v. FIRST NATIONAL BANK & TRUST CO.

No. 46,065

208 Kan. 84 (1971)

490 P.2d 649

PATSY J. HECHT, Appellant, v. FIRST NATIONAL BANK & TRUST COMPANY of Salina, Kansas, Executor, [substituted for Phillip M. PLATTEN, M.D., (deceased)], and PHYLLIS E. RIPLEY, Executrix, [substituted for G. Sherman Ripley, M.D., (deceased)], Appellees.

Supreme Court of Kansas.

Opinion filed November 6, 1971.

Attorney(s) appearing for the Case

Robert Martin, of the firm of Martin, Porter, Pringle, Schell and Fair, of Wichita, argued the cause, and William Oliver, Jr., of the same firm, and John K. Bremyer, of the firm of Lehmberg, Bremyer, Wise, Jones and Hopp, of McPherson, were with him on the brief for the appellant.

C. Stanley Nelson, of the firm of Hampton, Royce, Engleman and Nelson, of Salina, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

KAUL, J.:

In this malpractice action plaintiff has sued to recover damages for injuries sustained by her which she claims resulted from defendants' negligence in administering x-ray treatments in a course of radiotherapy for Hodgkin's disease.

While the appeal was pending both defendants died. The First National Bank & Trust Company of Salina was duly appointed and qualified as administrator of the estate...

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