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FIESER v. ST. FRANCIS HOSPITAL & SCHOOL OF NURSING, INC.

No. 46,714

212 Kan. 35 (1973)

510 P.2d 145

DR. JOHN E. FIESER, Appellant, v. ST. FRANCIS HOSPITAL AND NURSING, INC., THE WICHITA CLINIC, and DR. JOHN F. LANCE, Appellees.

Supreme Court of Kansas.

Opinion filed May 12, 1973.

Attorney(s) appearing for the Case

Terry O'Keefe, of Wichita, argued the cause, and Martha R. Hodges and Walter C. Williamson, also of Wichita, were with him on the brief for the appellant.

Lawrence McDonough, of Jochems, Sargent & Blaes, of Wichita, argued the cause, and J. Francis Hesse, of the same firm, was with him on the brief for St. Francis Hospital and School of Nursing, Inc., appellee.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Robert C. Foulston, of the same firm, was with him on the brief for the Wichita Clinic and Dr. John F. Lance, appellees.

The opinion of the court was delivered by

FROMME, J.:

This is an appeal by plaintiff from summary judgments entered in favor of all defendants. The problem presented concerns a release given to an original tortfeasor and raises the question of what effect such a release has on a subsequent malpractice action.

On March 7, 1969, plaintiff was injured when his car collided with another automobile parked on a highway near Wellington, Kansas. The offending...

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