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COBURN BY AND THROUGH COBURN v. AGUSTIN

Civ. A. No. 80-1520.

627 F.Supp. 983 (1985)

Christopher COBURN, a minor, By and Through Royce COBURN and Leslie Coburn, his father and mother, natural guardians and next friends, Plaintiff, v. Conrado AGUSTIN, M.D., Defendant.

United States District Court, D. Kansas.

November 25, 1985.

Attorney(s) appearing for the Case

Andrew W. Hutton, Michaud, Cordry & Michaud, Hutton & Hutton, Wichita, Kan., for plaintiff.

Darrell D. Kellogg, Wichita, Kan., for defendant.

OPINION

THEIS, District Judge.

This is an action for medical malpractice in which the minor plaintiff claims he sustained permanent brain damage and other serious injuries as a result of the defendant doctor's negligence. Defendant's requested instruction number 59 would have informed the jury that it could consider collateral source payments to the plaintiff in mitigation of the plaintiff's damages. The proposed...

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