HESLER v. OSAWATOMIE STATE HOSPITAL

No. 80,207.

266 Kan. 616 (1999)

971 P.2d 1169

JOY HESLER, STACEY FULTON, EVAN FULTON, ARIEL FULTON, and AMANDA FULTON, Appellants, v. OSAWATOMIE STATE HOSPITAL, ROBERT HWANG, M.D., NINA TUSH, KATHY WILLIAMS, and HAZEL WILHOITE, Appellees.

Supreme Court of Kansas.

Opinion filed January 22, 1999.


Attorney(s) appearing for the Case

Steven W. White, of White, Allinder & Graham, L.L.C., of Independence, Missouri, argued the cause, and Mary Beth Clune, of the same firm, was with him on the brief for appellants Stacey Fulton, Evan Fulton, and Ariel Fulton.

Aline Pryor, of Sexton, Shelor, Latimer & Pryor, of Shawnee Mission, was on the brief for appellant Amanda Fulton.

Robert L. Wehrman, of Wehrman & Colantuono, L.L.C., of Kansas City, Missouri, and Joseph R. Colantuono and Christopher J. Reedy, of Wehrman & Colantuono, L.L.C., of Overland Park, were on the brief for appellant Joy Hesler.

Michael George, Chief of Litigation, Department of Social and Rehabilitation Services, argued the cause, and Matt Boddington and C. William Ossmann, of the same agency, were with him on the brief for appellee Osawatomie State Hospital.

Gabrielle Rhodes, of Turner and Boisseau, Chartered, of Overland Park, argued the cause, and Hal D. Meltzer, of the same firm, was with her on the brief for appellee Robert Hwang, M.D.

Gregory A. Lee, of Gehrt & Roberts, Chartered, of Topeka, was on the brief for appellees Nina Tush, R.N., Kathy Williams, R.N., and Hazel Wilhoite, R.N.


The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal by the plaintiffs from the trial court's order granting summary judgment in favor of the defendants for damages arising out of an automobile accident. This is a consolidated lawsuit that arises from the death of Arthur Fulton and injuries to Joy Hesler. Ronald Hesler, an adult involuntarily committed patient from the Osawatomie State Hospital who was released on a temporary off-grounds...

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