AVES BY AND THROUGH AVES v. SHAH

No. 88-1669-PFK.

914 F.Supp. 443 (1996)

Darcy M. AVES, a Minor, By and Through Dan J. AVES and Faye E. Aves, Her Mother and Father, Natural Guardians and Next Friends; Darcy M. Aves, Individually; and Dan J. Aves and Faye E. Aves, Individually, Plaintiffs, v. Nasreen B. SHAH, M.D., Defendant, v. Ron TODD, Commissioner of Insurance of the State of Kansas, as Administrator of the Health Care Stabilization Fund, Garnishee.

United States District Court, D. Kansas.

January 18, 1996.


Attorney(s) appearing for the Case

Mark B. Hutton, Derek S. Casey and Channel P. Townsley, of Hutton & Hutton, Wichita, KS, Randall E. Fisher, Law Offices of Randall E. Fisher, Wichita, KS, Arden J. Bradshaw and Troy H. Gott, of Bradshaw, Johnson & Hund, Wichita, KS, for plaintiffs.

William Tinker, Jr., of McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, KS for Shah and insurance carrier.

Richard I. Stephenson, of Fleeson, Gooing, Coulson & Kitch, Wichita, KS for Shah.

Steven C. Day, of Woodard, Blaylock, Hernandez, Roth & Day, Wichita, KS, for Kansas Health Care Stabilization Fund.


MEMORANDUM AND ORDER

PATRICK F. KELLY, Senior District Judge.

The action currently before the court is a garnishment action against the Commissioner of Insurance of the State of Kansas, in his role as Administrator of the Kansas Health Care Stabilization Fund. Underlying the garnishment action is the judgment returned in a medical malpractice action brought against Dr. Nasreen B. Shah and the Central Kansas Medical Center. In 1990, the jury in the...

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