ALLMAN v. HOLLEMAN

No. 54,015

233 Kan. 781 (1983)

667 P.2d 296

AMY JO ALLMAN and SHANE ALAN ALLMAN, by and through their next friend and guardian, MILTON R. WATTERS, and MILTON R. WATTERS, individually, and as Executor of the Estate of LINDA ALLMAN, deceased, Appellants, v. JAMES F. HOLLEMAN, JR., ROLANDO R. MESINA, JOHN B. COTTER, and EMERGENCY PHYSICIANS, INC., a professional corporation, Appellees.

Supreme Court of Kansas.

Opinion filed July 15, 1983.


Attorney(s) appearing for the Case

Dwight A. Corrin, of Michaud, Cordry, Michaud, Hutton & Hutton, Chartered, of Wichita, argued the cause and Richard D. Cordry, of the same firm, was with him on the briefs for the appellants.

Darrell L. Havener, of Watson, Ess, Marshall & Enggas, of Kansas City, Missouri, argued the cause and John J. Bukaty, Sr., of Bukaty & Bukaty, of Kansas City, Kansas, was with him on the brief for appellees James F. Holleman, Jr. and Rolando R. Mesina.

Ronald C. Newman, of Mustain & Newman, Chartered, of Kansas City, Kansas, argued the cause and was on the brief for appellees John B. Cotter and Emergency Physicians, Inc.


The opinion of the court was delivered by

HERD, J.:

This is an appeal from a jury verdict in a medical malpractice action.

Linda Allman was a 28-year-old widow and the mother of two children. In an effort to control her weight she consulted James F. Holleman, Jr., an osteopathic physician. At the time of the initial consultation, April 2, 1975, Linda was taking Ovulen-21, a birth control pill. She informed Dr. Holleman she also had taken tranquilizers...

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