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LEMUZ v. FIESER

No. 76,624.

261 Kan. 936 (1997)

933 P.2d 134

LAYTON RANDALL LEMUZ, a minor, by and through Randall R. Lemuz and Sandra J. Lemuz, his mother and father, natural guardians and next friends, and RANDALL R. LEMUZ and SANDRA J. LEMUZ, individually, Plaintiffs, v. MERLE J. FIESER, M.D., WILLIAM T. KING, M.D., and CENTRAL KANSAS MEDICAL CENTER, Defendants.

Supreme Court of Kansas.

Opinion filed March 7, 1997.

Attorney(s) appearing for the Case

Mark A. Furney, of Overland Park, argued the cause, and Donald S. Andersen and James Long, of Andersen & Long, of Wichita, were with him on the briefs for plaintiffs.

Steven C. Day, of Woodard, Blaylock, Hernandez, Roth & Day, of Wichita, argued the cause and was on the briefs for defendants.

Randall E. Fisher, of Law Offices of Randall E. Fisher, of Wichita, was on the brief for amicus curiae Kansas Trial Lawyers Association.

Marta Fisher Linenberger and Wayne T. Stratton, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, were on the brief for amicus curiae Kansas Hospital Association.

The opinion of the court was delivered by

ABBOTT, J.:

This case is before the court on a question certified by the United States District Court for the District of Kansas under the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq. Judge Frank G. Theis certified to this court the following question:

"Does K.S.A. 65-442(b) or K.S.A. 40-3403(h), as interpreted in the case of McVay v. Rich, 255 Kan. 371...

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