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WOZNIAK v. LIPOFF

No. 59,781

242 Kan. 583 (1988)

750 P.2d 971

GERALD WOZNIAK, et al., Appellees, v. JAY I. LIPOFF, M.D., Appellant.

Supreme Court of Kansas.

Opinion filed February 19, 1988.

Attorney(s) appearing for the Case

Thomas M. Sutherland, of Holbrook, Ellis & Heaven, P.A., of Kansas City, argued the cause, and Paul C. Gurney and Reid F. Holbrook, of the same firm, were with him on the brief for appellant.

John L. White, of Leavenworth, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

HERD, J.:

This is a medical malpractice action filed by the survivors of Patricia Wozniak against Dr. Jay Lipoff for negligence in the treatment of Wozniak's Graves' disease. The jury returned a verdict finding Wozniak to be 20% at fault and Dr. Lipoff to be 80% at fault. Judgment was therefore entered against Dr. Lipoff for $584,000, 80% of the total damages of $730,000 found...

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