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BURGESS v. PERDUE

No. 58,822

239 Kan. 473 (1986)

721 P.2d 239

MARY A. BURGESS, Individually and as Heir-at-Law of STEPHEN D. BLOOMER, deceased, Appellant, v. W. LANG PERDUE, II, M.D., and STATE OF KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed June 13, 1986.

Attorney(s) appearing for the Case

Rene M. Netherton, of Law Offices of Jerry K. Levy, P.A., of Topeka, argued the cause and was on the brief for appellant.

Marla J. Luckert, of Goodell, Stratton, Edmonds & Palmer, of Topeka, argued the cause, and Wayne T. Stratton, of the same firm, was with her on the brief for appellee Perdue.

Michael George, of State Department of Social and Rehabilitation Services, argued the cause, and Hal E. DesJardins, of Topeka, and David D. Plinsky, assistant attorney general, were with him on the brief for appellee State of Kansas.

The opinion of the court was delivered by

LOCKETT, J.:

The plaintiff appeals the decision of the Shawnee County District Court granting summary judgment to all remaining defendants prior to trial on the basis that (1) she did not state a cause of action of outrage against the State and (2) the cause of action of negligent infliction of emotional distress for interference with a dead body, which she alleged against...

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