No. 72,538.

261 Kan. 685 (1997)

933 P.2d 651

MICHELLE SHIRLEY, Appellee, v. U. DUANE SMITH, M.D., Appellant.

Supreme Court of Kansas.

Opinion filed March 7, 1997.

Attorney(s) appearing for the Case

Thomas M. Sutherland, of Holbrook, Heaven & Fay, P.A., of Kansas City, argued the cause, and Brent G. Wright, of the same firm, was with him on the briefs for appellant.

Rene S. Young, of Denning & Young, LLC, of Salina, argued the cause, and Gary D. Denning, of the same firm, was with her on the briefs for appellee.

The opinion of the court was delivered by


In this medical malpractice case, the jury returned a verdict of $457,000 in favor of the plaintiff, Michelle Shirley. Dr. U. Duane Smith appealed. Shirley filed a cross-appeal, then abandoned it. The Court of Appeals reversed and remanded for a new trial. Shirley v. Smith, 22 Kan.App.2d 424, 916 P.2d 730 (1996). Shirley...

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