DELANEY v. CADE

No. 69,355

255 Kan. 199 (1994)

873 P.2d 175

JULIE DELANEY, Plaintiff/Appellant, v. VICTOR R. CADE, D.O., ST. JOSEPH MEMORIAL HOSPITAL, and CENTRAL KANSAS MEDICAL CENTER, Defendants/Appellees.

Supreme Court of Kansas.

Opinion filed April 22, 1994.


Attorney(s) appearing for the Case

Dwight A. Corrin, of Dwight A. Corrin, Chartered, of Wichita, argued the cause and was on the brief for appellant.

Robert G. Martin II, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause, and Alisa M. Arst, of the same firm, was with him on the brief for appellee Victor Cade.

Brian C. Wright, of Turner and Boisseau, Chartered, of Great Bend, argued the cause and was on the brief for appellees St. Joseph Memorial Hospital and Central Kansas Medical Center.

Marta Fisher Linenberger, and Wayne T. Stratton, of Goodell, Stratton, Edmonds & Palmer, of Topeka, were on the brief for amici curiae, Kansas Hospital Association, Kansas Medical Society, and Kansas Association of Defense Counsel.

John E. Shamberg, Lynn R. Johnson, Victor A. Bergman, David R. Morris, and Steven G. Brown, of Shamberg, Johnson, Bergman & Morris, Chartered, of Overland Park, were on the brief for amicus curiae Kansas Trial Lawyers Association.


The opinion of the court was delivered by

HOLMES, C.J.:

This case is before the court on questions certified by the United States Court of Appeals for the Tenth Circuit pursuant to the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq.

Chief Judge Stephanie K. Seymour, Circuit Judge presiding, has certified to this court the following questions:

"1. Does Kansas recognize...

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