NELSON v. MILLER

No. 50,187

227 Kan. 271 (1980)

607 P.2d 438

R.A. NELSON, M.D., Plaintiff-Appellant, v. VERN MILLER; FRED W. PHELPS, FRED W. PHELPS, CHARTERED; and AVRAM G. ADLER, MARVIN I. BARISH, ROBERT C. DANIELS, MARVIN J. LEVIN, ARNOLD LEVIN, and HOWARD J. CRESKOFF, d/b/a ADLER, BARISH, DANIELS, LEVIN and CRESKOFF, a partnership; Defendants-Appellees.

Supreme Court of Kansas.

Opinion filed March 1, 1980.


Attorney(s) appearing for the Case

Jerry K. Levy, of Levy, Ambrosio, and McDowell, of Topeka, argued the cause and was on the brief for the appellant.

Fred W. Phelps, Jr., of Fred W. Phelps, Chartered, of Topeka, argued the cause and was on the brief for the appellee Fred W. Phelps.

J.H. Eschmann, of Ascough, Bausch, and Eschmann, of Topeka, argued the cause, and John A. Bausch, of the same firm, was with him on the brief for the appellee Vern Miller.

Charles L. Davis, Jr., of Davis, Unrein, and Hummer, of Topeka, argued the cause and was on the brief for the appellees Adler, Barish, Daniels, Levin, and Creskoff.


The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by a Wichita physician against several attorneys seeking to recover damages for the wrongful use of civil proceedings, commonly described as an action for malicious prosecution of a civil action. This action was the result of a prior civil malpractice action filed on April 1, 1976, in the district court of Sedgwick County. That action...

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