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MOORE v. FRANCISCO

No. 49,293

2 Kan. App. 2d 526 (1978)

583 P.2d 391

JOYCE A. MOORE, deceased, by and through WAYNE MOORE, Administrator of the Estate of Joyce A. MOORE; and WAYNE MOORE and ANNA F. MOORE, heirs-at-law of the deceased, Joyce A. Moore, Appellants, v. W.D. FRANCISCO, M.D., Appellee, and DANUTA OKTAWIEC, M.D., Appellee and Cross-Appellant.

Court of Appeals of Kansas.

Opinion filed September 1, 1978.

Attorney(s) appearing for the Case

Charles D. Kugler of DeCoursey & Kugler, of Kansas City, for the appellants.

Donald A. Hardy of Williamson, Cubbison, Hardy & Hunter, of Kansas City, for the appellee W.D. Francisco, M.D.

Leonard O. Thomas and Monti L. Belot of Weeks, Thomas, Lysaught, Bingham & Mustain, Chartered, of Kansas City, for the appellee and cross-appellant Danuta Oktawiec, M.D.

Before SWINEHART, P.J., SPENCER and MEYER, JJ.

SPENCER, J.:

This is a medical malpractice case. Two doctors, a surgeon and an anesthesiologist, are defendants. At the close of plaintiffs' case, the court directed a verdict for the surgeon, W.D. Francisco, and entered judgment in his favor in conformity with K.S.A. 60-254(b). The case against Dr. Oktawiec continued and resulted in a mistrial when the jury was unable to agree. Plaintiffs have appealed from...

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