SAVINA v. STERLING DRUG, INC.

No. 63,655

247 Kan. 105 (1990)

795 P.2d 915

RICHARD K. SAVINA, Appellant, v. STERLING DRUG, INC., GUST H. NELSON, M.D., and ST. JOSEPH MEDICAL CENTER, INC., Appellees.

Supreme Court of Kansas.

Opinion filed July 13, 1990.


Attorney(s) appearing for the Case

Richard D. Cordry, of Wichita, argued the cause, and Frances A. Hartman and Sharon A. Werner, of the same firm, were with him on the briefs for appellant.

Donald Patterson, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause, and Steve R. Fabert, of the same firm, was with him on the brief for appellee Sterling Drug, Inc.

Hal D. Meltzer, of Turner & Boisseau, of Wichita, argued the cause, and W. John Badke II, of the same firm, was with him on the brief for appellee Gust H. Nelson, M.D.

Amy S. Lemley, of Foulston & Siefkin, of Wichita, argued the cause, and Jay F. Fowler, of the same firm, was with her on the brief for appellee St. Joseph Medical Center.

Dwight A. Corrin, of Corrin & Krysl, Chartered, of Wichita, was on the brief for amicus curiae Kansas Trial Lawyers Association.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is a products liability action against Sterling Drug, Inc., (Sterling Drug) and a medical malpractice action against Gust H. Nelson, M.D., and St. Joseph Medical Center, Inc., in Wichita. Plaintiff alleges that the paralysis he experiences in the lower part of his body was due either to the dye metrizamide, used in his myelogram, or to the negligent performance of the myelogram procedure. Plaintiff...

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