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SMITH v. KENNEDY

No. 80,538.

26 Kan. App.2d 351 (1999)

985 P.2d 715

DARCY MATTHEW SMITH, Appellant, v. MICHAEL L. KENNEDY, M.D., and BOARD OF TRUSTEES OF COFFEY COUNTY HOSPITAL, Appellees.

Court of Appeals of Kansas.

Opinion filed August 6, 1999.

Attorney(s) appearing for the Case

Stephen N. Six and Victor A. Bergman, of Shamberg, Johnson & Bergman, Chtd., of Overland Park, for appellant.

Wayne T. Stratton and Anne M. Kindling, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, for appellee Michael L. Kennedy, M.D.

Jeffrey W. Jones and Thomas L. Theis, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, L.L.C., of Topeka, for appellee Board of Trustees of Coffey County Hospital.

Before GREEN, P.J., PIERRON, J., and DAVID PRAGER, Chief Justice Retired, assigned.

GREEN, J.:

This case involves a medical negligence action. Darcy Matthew Smith initially sued Michael L. Kennedy, M.D., and Coffey County Hospital (CCH), claiming that they negligently treated him for injuries he received in a motorcycle accident. Smith later filed an amended petition replacing CCH as a defendant with the Board of Trustees of the Coffey County Hospital (Board). The Board moved to dismiss the action, maintaining that Smith had failed to comply with...

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