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LEIKER v. GAFFORD

No. 66,102

249 Kan. 554 (1991)

819 P.2d 655

SHAWN A. LEIKER et al., Plaintiffs, v. WENDELL P. GAFFORD, Defendant/Appellee; PROFESSIONAL ANESTHESIA, INC., A CORPORATION, Defendant/Appellant; GEORGE W. MARSHALL, M.D.; HARRIS, HODGES & MARSHALL, CHTD., A PROFESSIONAL CORPORATION; AND ABBOTT LABORATORIES, A CORPORATION, Defendants, and RONALD TODD, COMMISSIONER OF INSURANCE OF THE STATE OF KANSAS, ADMINISTRATOR OF THE HEALTH CARE STABILIZATION FUND, Intervenor/Appellee.

Supreme Court of Kansas.

Opinion filed October 25, 1991.

Attorney(s) appearing for the Case

Ronald D. Heck, of Heck & Sheppeard, P.A., of Topeka, argued the cause, and Cynthia J. Sheppeard, of the same firm, was with him on the brief for appellant.

Thomas V. Murray, of Barber, Emerson, Springer, Zinn & Murray, of Lawrence, argued the cause, and Payne H. Ratner, Jr., and Randall H. Elam, of Ratner, Mattox, Ratner, Kinch & Brimer, P.A., of Wichita, were with him on the brief for intervenor/appellee.

The opinion of the court was delivered by

HOLMES, C.J.:

Professional Anesthesia, Inc., appeals from an order of the district court denying its cross-claim for indemnification from Wendell P. Gafford. We affirm.

The facts necessary for a determination of the issues in this appeal are not in dispute and arise out of the underlying medical malpractice judgment in Leiker v. Gafford, 245 Kan. 325,

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