LEIKER v. GAFFORD

No. 62,303

245 Kan. 325 (1989)

778 P.2d 823

SHAWN A. LEIKER, a disabled person, by and through James S. Leiker, her husband and next friend; JAMES S. LEIKER, individually, and as parent and natural guardian of JASON SCOTT LEIKER and JENNIFER ANN LEIKER, minors, and as Special Administrator of the Estate of Shawn A. Leiker, deceased, Appellees and Cross-Appellants, v. WENDELL P. GAFFORD; PROFESSIONAL ANESTHESIA, INC., a corporation; GEORGE W. MARSHALL, M.D.; HARRIS, HODGES & MARSHALL, Chartered, a Professional corporation; and ABBOTT LABORATORIES, a corporation, Appellants and Cross-Appellees.

Supreme Court of Kansas.

Opinion filed August 4, 1989.


Attorney(s) appearing for the Case

Charles D. Green, of Arthur, Green, Arthur, Conderman & Stutzman, of Manhattan, argued the cause and was on the briefs for appellants/cross-appellees George W. Marshall, M.D., and Harris. Hodges & Marshall, Chtd.

Larry Shoaf, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause and Vincent A. Burnett, of the same firm, was with him on the briefs for appellant Wendell P. Gafford.

Ronald D. Heck, of Fisher, Heck & Cavanaugh, P.A., of Topeka, appeared for appellant Professional Anesthesia, Inc.

Richard C. Hite, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause and Charles E. Hill and Dennis V. Lacey, of the same firm, were with him on the briefs for appellee/cross-appellant Abbott Laboratories.

Bradley Post, of Post & Syrios, of Wichita, argued the cause and Arden J. Bradshaw, of Wichita, and Robert E. Keeshan, of Hamilton, Peterson, Tipton & Keeshan, of Topeka, were with him on the briefs for appellees/cross-appellants Shawn A. Leiker, James S. Leiker, Jason Scott Leiker, and Jennifer Ann Leiker.

Marla J. Luckert, of Goodell, Stratton, Edmonds and Palmer, of Topeka, was on the brief for amici curiae Kansas Medical Society and Kansas Hospital Association.

Ronald P. Williams and Susan G. Saidian, of Morrison, Hecker, Curtis, Kuder & Parrish, of Wichita, were on the brief for amicus curiae Kansas Association of Defense Counsel.


The opinion of the court was delivered by

HOLMES, J.:

This is an appeal in a medical malpractice action by the plaintiffs and by the two principal defendants, Wendell P. Gafford and George W. Marshall, M.D., from various portions of the jury verdict and various rulings and orders of the trial court. The plaintiffs have also filed a conditional or contingent appeal from a trial court order granting a directed verdict in favor of Abbott Laboratories, a corporation...

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