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WISKER v. HART

No. 61,090

244 Kan. 36 (1988)

766 P.2d 168

JEWELL WISKER, an heir at law and on behalf of the heirs of CECIL WISKER, deceased, Appellant, v. DILLIS HART, M.D.; MID-AMERICA SURGICAL GROUP, P.A.; and RONALD B. DAVIS, M.D., Appellees.

Supreme Court of Kansas.

Opinion filed December 9, 1988.

Attorney(s) appearing for the Case

Kenneth L. Ingham, of Wichita, and Joel S. Heller, of Wichita, were on the briefs for appellant.

James Z. Hernandez, of Woodard, Blaylock, Hernandez, Pilgreen and Roth, of Wichita, argued the cause, and Cindy Cleous-Stang, of the same firm, was with him on the brief for appellee Ronald B. Davis, M.D.

William Tinker, Jr., of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause, and Quentin E. Kurtz, of the same firm, was with him on the brief for appellee Dillis Hart, M.D.

The opinion of the court was delivered by

McFARLAND, J.:

This is a medical malpractice action wherein the jury found plaintiff's decedent 60 percent at fault. The plaintiff appeals therefrom.

The first issue is whether the verdict is contrary to the evidence.

When a verdict is challenged for insufficiency of evidence or as being contrary to the evidence, it is not the function of this court to weigh...

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