MORGAN v. ABAY

No. 67,487

252 Kan. 853 (1993)

850 P.2d 840

GARY MORGAN, Appellant, v. EUSTAQUIO O. ABAY II, M.D., Appellee.

Supreme Court of Kansas.

Opinion filed April 16, 1993.


Attorney(s) appearing for the Case

Edward J. Hund, of Cordry, Hund & Hartman, of Wichita, argued the cause, and Gregory D. Bell, of the same firm, was with him on the briefs for appellant.

Christopher A. McElgunn, of Klenda, Mitchell, Austerman & Zuercher, of Wichita, argued the cause, and Gary M. Austerman, of the same firm, was with him on the brief for appellee.

Thomas L. Theis and Martha A. Peterson, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, were on the brief for amicus curiae Kansas Association of Defense Counsel.

Wayne T. Stratton, of Goodell, Stratton, Edmonds & Palmer, of Topeka, was on the brief for amici curiae Kansas Hospital Association and Kansas Medical Society.

Gary D. White, Jr., of Schroer, Rice, P.A., of Topeka, was on the brief for amicus curiae Kansas Trial Lawyers Association.


The opinion of the court was delivered by

SIX, J.:

This is a medical malpractice case. The jury verdict was for the defendant physician. The two issues are: (1) Did the trial court err in allowing a non-party treating physician to testify as an expert witness for the defense when, prior to trial, that physician had been contacted, ex parte, by defense counsel; and (2) did the trial court commit prejudicial error in...

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