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BAIN v. ARTZER

No. 84,678.

271 Kan. 578 (2001)

25 P.3d 136

PEGGY BAIN, ADMINISTRATOR OF THE ESTATE OF MICKY BAIN, DECEASED, and PEGGY BAIN, INDIVIDUALLY, Appellees, v. DR. DENNIS ARTZER, Appellant.

Supreme Court of Kansas.

Opinion filed June 1, 2001.

Attorney(s) appearing for the Case

James D. Oliver, of Foulston & Siefkin L.L.P., of Topeka, argued the cause, and Thomas L. Theis and Caleb Stegall, of the same firm, were with him on the briefs for appellant.

Robert S. Tomassi, of Tomassi Law Firm, L.L.C., of Pittsburg, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

The appellant, Dr. Dennis Artzer, appeals from a ruling of the trial court granting the appellee, Peggy Bain, an order of voluntary dismissal without prejudice after she had presented all of her evidence at trial. Bain has filed a cross-appeal concerning the trial court's disqualification of one of her witnesses for failing to qualify as an expert pursuant to K.S.A. 60-3412.

Bain's husband Micky...

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