COX v. LESKO

No. 73,344

23 Kan. App.2d 794 (1997)

935 P.2d 1086

KIMBERLY R. COX, Appellant, v. PAUL LESKO, M.D., Appellee.

Court of Appeals of Kansas.

Opinion filed April 18, 1997.


Attorney(s) appearing for the Case

Gerard C. Scott, of Prochaska & Scott, of Wichita, for appellant.

Lee H. Woodard, James Z. Hernandez, and Jerry D. Rank, of Woodard, Blaylock, Hernandez, Roth & Day, of Wichita, and Martin W. Bauer, of Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., of Wichita, for appellee.

Before ROYSE, P.J., GERNON, J., and ROBERT G. JONES, District Judge, assigned.


GERNON, J.:

Kimberly R. Cox appeals from a jury verdict in favor of Dr. Paul Lesko in a medical malpractice action.

The jury found 70% of the fault attributable to Cox and 30% attributable to Dr. Lesko. Cox contends on appeal that the trial court erred in allowing the jury to consider her failure to attend physical therapy as evidence of comparative fault. She also argues that the trial court erred in limiting the cross-examination of one of Dr. Lesko's expert...

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