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ZOELLER v. AMERICAN FAMILY MUT. INS. CO.

No. 67,168

17 Kan. App. 2d 223 (1992)

834 P.2d 391

DR. RONALD J. ZOELLER, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY and JERRY McGUIRE, Appellees.

Court of Appeals of Kansas.

Opinion filed July 17, 1992.

Attorney(s) appearing for the Case

Steven M. Dickson, of Dickson & Pope, P.A., and Pedro L. Irigonegaray, of Irigonegaray & Associates, of Topeka, for appellant.

N. Jack Brown, of Boddington & Brown, Chartered, of Kansas City, for appellee American Family Mutual Insurance Company.

J. Franklin Hummer and Christopher M. Rohrer, of Davis, Wright, Unrein, Hummer & McCallister, of Topeka, for appellee Jerry McGuire.

Before BRISCOE, C.J., BRAZIL and DAVIS, JJ.

Petition for review denied 251 Kan. 942 (1992).

DAVIS, J.:

Dr. Ronald J. Zoeller appeals from summary judgment entered for American Family Insurance Company in this defamation case. The trial court ruled as a matter of law that in Kansas, a defamation action may not be supported by presumed damages but requires proof of actual damages. We affirm.

Plaintiff is a chiropractor. When the wife of one of his patients called American Family Insurance Company...

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