FARLEY v. ENGELKEN

Nos. 59,314, 59,338, 59,591

241 Kan. 663 (1987)

740 P.2d 1058

ROGER L. FARLEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF LANA S. FARLEY, Appellant, v. SUSAN ENGELKEN, M.D., and COMMUNITY HOSPITAL DISTRICT No. 1, Appellees. HEATHER DITTO, a minor, and DANIELLE DITTO, a minor, by and through Douglas and Cheryl Ditto, individually and as natural guardians and next friends of Heather Ditto and Danielle Ditto, Appellees, v. SHAWNEE MISSION MEDICAL CENTER, Appellant. CHARLEY RIDGE, Appellee, v. PAT BARKER, M.D., Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1987.


Attorney(s) appearing for the Case

Frank M. Rice, of Schroer, Rice, P.A., of Topeka, argued the cause and was on the brief for appellant Roger L. Farley.

Wayne T. Stratton, of Goodell, Stratton, Edmonds & Palmer, of Topeka, argued the cause, and Marta Fisher Linenberger, of the same firm, was with him on the brief for appellees Susan Engelken, M.D., and Community Hospital District No. 1.

Michael P. Oliver, of Wallace, Saunders, Austin, Brown, and Enochs, Chrtd., of Overland Park, argued the cause, and Frank Saunders, Jr., and Michael J. Dutton, of the same firm, was with him on the briefs for appellant Shawnee Mission Medical Center.

Donald W. Vasos, of Vasos, Kugler & Dickerson, of Kansas City, argued the cause and Stephen G. Dickerson, of the same firm, Sidney A. Shapiro, of Lawrence, and Lynn R. Johnson, of Overland Park, were with him on the brief for appellees Heather Ditto and Danielle Ditto.

Kenneth E. Pierce, of Reynolds, Pierce, Forker, Suter, O'Neal & Myers, of Hutchinson, argued the cause and was on the briefs for appellant Pat Barker, M.D.

Stanley R. Juhnke, of Juhnke and Howell, of Hutchinson, argued the cause and was on the brief for appellee Charley Ridge.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, and Stephen M. Kerwick, of the same firm, were on the brief for amici curiae Kansas Medical Society and Kansas Hospital Association.

Randall E. Fisher, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, and Debra J. Arnett, and Carlin J. Pratt, of the same firm, were on the brief for amicus curiae Kansas Association of Defense Counsel.

Fred N. Six, of Barber, Emerson, Six, Springer & Zinn, of Lawrence, and Thomas V. Murray, of the same firm, and Derenda J. Mitchell, special assistant attorney general, of Topeka, were on the brief for amicus curiae Fletcher Bell, Kansas Commissioner of Insurance and Administrator of the Kansas Health Care Stabilization Fund.


The opinion of the court was delivered by

HERD, J.:

Three interlocutory appeals in medical malpractice suits have been consolidated for a determination of the constitutionality of K.S.A. 1986 Supp. 60-3403 (hereafter 60-3403). In Farley v. Engelken, et al., Case No. 59,314, the district court of Pottawatomie County upheld the constitutionality of the statute and plaintiff has appealed. In the other cases, Ditto, et al. v. Shawnee Mission Medical...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases