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HUMES v. CLINTON

No. 63,436

246 Kan. 590 (1990)

792 P.2d 1032

BRENDA HUMES and BENNIE HUMES, Appellees/Cross-appellants, v. DALE L. CLINTON, M.D.; DALE L. CLINTON, M.D., P.A.; Appellants/Cross-appellees, and ALZA CORPORATION, Appellant.

Supreme Court of Kansas.

Opinion filed May 25, 1990.

Attorney(s) appearing for the Case

Cynthia J. Sheppeard, of Fisher, Heck & Cavanaugh, P.A., of Topeka, argued the cause and was on the briefs for appellant ALZA Corporation.

Thomas E. Wright, and C. Steven Rarrick, of Davis, Wright, Unrein, Hummer & McCallister, of Topeka, were on the briefs for appellant/cross-appellee Dale L. Clinton, M.D.

John W. McClelland, of Wirken & King, P.C., of Kansas City, Missouri, argued the cause, and Shelley Hickman Clark, of Lawrence, was with him on the briefs for appellees/cross-appellants.

The opinion of the court was delivered by

HERD, J.:

This is a medical malpractice and products liability case brought by Brenda and Bennie Humes on behalf of their nonviable fetus, as heirs at law of the fetus, and individually against Dale L. Clinton, M.D., and ALZA Corporation. Appellants Clinton and ALZA Corporation have perfected an interlocutory appeal of the district court's ruling denying them summary judgment on appellees Humes' claim for wrongful...

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