IRVIN L. DURFLINGER, RAYMOND DURFLINGER, and RONALD DURFLINGER, Plaintiffs,
v.
BENJAMIN ARTILES, PRECIOSA ROSALES and EDUARDO MEDRANO, Defendants.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed December 2, 1983.
Opinion filed December 2, 1983.
Attorney(s) appearing for the Case
Deborah Carney, of Turner and Boisseau, Chartered, of Great Bend, argued the cause, and Christopher Randall and Casey R. Law, of the same firm, were with her on the briefs for plaintiffs.
Mary Beth Mudrick, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, and Reid Stacey, assistant attorney general, were with her on the briefs for defendants.
John E. Wilkinson, of Topeka, was on the amicus curiae brief for the Kansas Psychiatric Association.
Sheila M. Janicke, of Shawnee Mission, was on the amicus curiae brief for the Kansas Trial Lawyers Association.
Mary Beth Blake, of Fallon, Holbrook & Ellis, of Kansas City, was on the amicus curiae brief for the State of Kansas and State Treatment Facilities.
John E. Shamberg, Lynn R. Johnson and Ruth M. Benien, of Schnider, Shamberg & May, Chartered, of Shawnee Mission, were on the amicus curiae brief for party-plaintiffs in complaints numbered 80-2095 and 83-2094 filed in the United States District Court for the District of Kansas.
Supreme Court of Kansas.
The opinion of the court was delivered by
McFARLAND, J.:
This case comes before us on a certification from the United States Court of Appeals, Tenth Circuit, under authority of the Uniform Certification of Questions of Law Act, K.S.A. 1982 Supp. 60-3201 et seq.
The two certified questions are:
I. WOULD THE KANSAS SUPREME COURT RECOGNIZE AS A VALID CAUSE OF ACTION A CLAIM WHICH GREW OUT OF A NEGLIGENT RELEASE OF A PATIENT WHO HAD VIOLENT...
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