BRUGGEMAN v. SCHIMKE

No. 58,565

239 Kan. 245 (1986)

718 P.2d 635

ANDREW JOHN BRUGGEMAN, a minor by and through his natural mother and next friend, GINA MARIE BRUGGEMAN, Appellant, v. ROBERT NEIL SCHIMKE, M.D., STATE OF KANSAS, STATE BOARD OF REGENTS and UNIVERSITY OF KANSAS MEDICAL CENTER, Appellees.

Supreme Court of Kansas.

Opinion filed May 2, 1986.


Attorney(s) appearing for the Case

Michael E. Callen, of Callen, Sexton & Shelor, of Kansas City, argued the cause and was on the brief for appellant.

Carol R. Gilham, of Blackwell Sanders Matheny Weary and Lombardi, of Kansas City, Missouri, argued the cause, and Thomas W. Wagstaff, of the same firm, of Kansas City, Missouri, and Michaela N. Nicolarsen, of the same firm, of Overland Park, were with her on the brief for appellee Robert Neil Schimke, M.D.

Mary Beth Blake, of Holbrook and Ellis, P.A., of Kansas City, argued the cause and was on the brief for appellees State of Kansas, State Board of Regents and University of Kansas Medical Center.


The opinion of the court was delivered by

MILLER, J.:

This is an action for damages for "wrongful life," brought by a three-year-old boy against a physician, Robert Neil Schimke; the State of Kansas; the State Board of Regents; and the Kansas University Medical Center. The plaintiff, Andrew John Bruggeman, appeals from an order of the district court of Wyandotte County sustaining defendants' motions to dismiss for failure

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