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DICKEY v. DAUGHETY

No. 72,521

21 Kan. App. 2d 655 (1995)

RICHARD DICKEY, for and on behalf of the Heirs-at-Law of NANCY DICKEY, Deceased, and RICHARD DICKEY, as Administrator of the Estate of NANCY DICKEY, Deceased, Appellee/Cross-Appellant, v. TED W. DAUGHETY, M.D., Appellant/Cross-Appellee.

Court of Appeals of Kansas.

Opinion filed November 9, 1995.

Attorney(s) appearing for the Case

Evelyn Zabel Wilson, of Wright, Henson, Somers, Sebelius, Clark & Baker, L.L.P., of Topeka, for the appellant.

Kevin L. Diehl, of Eugene B. Ralston & Associates, of Topeka, for the appellee.

Before LEWIS, P.J., PIERRON, J., and JAMES W. PADDOCK, District Judge Retired, assigned.

PADDOCK, J.:

This is a loss of chance of recovery wrongful death action. Ted W. Daughety, M.D., appeals from the district court's calculation of damages after a jury verdict. Richard Dickey cross-appeals the district court's reduction of damages by the percent of lost chance determined by the jury.

The facts will be briefly stated and are not disputed by the parties.

On June 3, 1990, Nancy Dickey was...

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