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GREGORY v. CAREY

No. 63,321

246 Kan. 504 (1990)

791 P.2d 1329

CHARLOTTE GREGORY, as Guardian and Conservator of MARK A. MARQUETTE, a disabled person, Appellee, v. LLOYD CAREY, C.R.N.A.; SOUTH CENTRAL ANESTHESIA SERVICES, P.A.; GERSHOM MAILMAN, M.D.; and ST. JOSEPH MEDICAL CENTER, Appellants.

Supreme Court of Kansas.

Opinion filed April 18, 1990.

Attorney(s) appearing for the Case

Darrell D. Kellogg, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause, and Charles E. Hill, of the same firm, was with him on the briefs for appellants.

Mark B. Hutton and Gerald Michaud, of Michaud, Hutton & Bradshaw, of Wichita, argued the cause, and Marlys A. Marshall, of the same firm, was with them on the briefs for appellees.

Wayne T. Stratton, of Goodell, Stratton, Edmonds & Palmer, of Topeka, and Marla J. Luckert, of the same firm, were on the brief for amici curiae Kansas Medical Society and Kansas Hospital Association.

The opinion of the court was delivered by

LOCKETT, J.:

On October 28, 1985, Mark Marquette sustained catastrophic brain damage while being prepared for knee surgery. He has since been in a persistent vegetative state — a state of "wakeful unresponsiveness" — from which he does not visibly react and will never completely recover. Charlotte Gregory brought this action as Marquette's guardian and conservator. After extensive pretrial discovery,...

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