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DICKEY v. DAUGHETY

No. 72,521.

260 Kan. 12 (1996)

917 P.2d 889

RICHARD DICKEY, for and on the 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.

Supreme Court of Kansas.

Opinion filed May 31, 1996.

Attorney(s) appearing for the Case

Evelyn Zabel Wilson, of Wright, Henson, Somers, Sebelius, Clark & Baker, of Topeka, argued the cause and was on the briefs for appellant.

Kevin L. Diehl, of Eugene B. Ralston & Associates, of Topeka, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

This is a wrongful death action based upon a loss of chance of survival because of medical malpractice. We granted the defendant's petition for review on a single issue involving the calculation of nonpecuniary damages. For the reasons set forth below, we agree with the trial court and the Court of Appeals' conclusion that in such an action nonpecuniary damages awarded by the jury

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