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SMITH v. ORTHOPAEDIC SURGERY ASSOCS.

No. 57,216

237 Kan. 546 (1985)

701 P.2d 331

GRACE P. SMITH, Appellee, v. ORTHOPAEDIC SURGERY ASSOCIATES, P.A., and JOHN J. WERTZBERGER, M.D., Appellants, v. FLETCHER BELL, COMMISSIONER OF INSURANCE, AS ADMINISTRATOR OF THE HEALTH CARE STABILIZATION FUND, Intervenor.

Supreme Court of Kansas.

Opinion filed June 21, 1985.

Attorney(s) appearing for the Case

Alan V. Johnson, of Sloan, Listrom, Eisenbarth, Sloan and Glassman, of Topeka, and Derenda J. Mitchell, of the State Insurance Commission, of Topeka, argued the cause, and Myron L. Listrom, of Sloan, Listrom, Eisenbarth, Sloan and Glassman, of Topeka, was with them on the briefs for appellants and intervenor.

John Anderson, Jr., of Anderson, Lastelic & Buchmann, of Overland Park, argued the cause, and Brian C. McCormally, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is a medical malpractice action in which the tortfeasor defendants and intervenor Fletcher Bell, as administrator of the Kansas health care stabilization fund, appeal the district court's order granting plaintiff's motion for voluntary dismissal. As the merits of plaintiff's case have not been determined, the facts will be set forth only briefly.

In the early fall of 1980, plaintiff Grace P...

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