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SCHMIDT v. SHEARER

No. 79,395.

26 Kan. App.2d 760 (1999)

995 P.2d 381

CAPRICE D. SCHMIDT, Individually, and as Special Administrator of the Estate of CLAUDE SCHMIDT, Deceased, Appellant, v. JACK R. SHEARER, C.R.N.A.; DAVID A. BRIAN; WESTERN PLAINS REGIONAL MEDICAL CENTER; and ST. FRANCIS REGIONAL MEDICAL CENTER, Appellees.

Court of Appeals of Kansas.

Opinion filed December 30, 1999.

Attorney(s) appearing for the Case

Randall E. Fisher, of Law Offices of Randall E. Fisher, of Wichita, and Arden J. Bradshaw, of Bradshaw, Johnson & Hund, of Wichita, for appellant.

Don D. Gribble, II, and Donald N. Peterson, II, of Kahrs, Nelson, Fanning, Hite & Kellogg, L.L.P., of Wichita, for appellee St. Francis Regional Medical Center.

William R. Smith, of Law Office of Wm. R. Smith, of Wichita, for appellee David A. Brian, M.D.

Before BRAZIL, C.J., GERNON and GREEN, JJ.

GERNON, J.:

Caprice Schmidt, individually and as special administrator of the Claude J. Schmidt estate, (Schmidt) appeals the verdict finding David A. Brian, M.D., 1% at fault for her husband's death. Schmidt also appeals the dismissal of St. Francis Regional Medical Center (St. Francis) from the case upon summary judgment motion.

Claude Schmidt began having severe nose bleeds. He was treated by Dr. Brian, a licensed...

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