STATE v. KIRBY

No. 85,172.

272 Kan. 1170 (2002)

39 P.3d 1

STATE OF KANSAS, Appellee, v. LEONARD B. KIRBY, JR., Appellant.

Supreme Court of Kansas.

Opinion filed January 25, 2002.


Attorney(s) appearing for the Case

Peter Maharry, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the briefs for appellant.

Sheryl L. Lidtke, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.


The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal by the defendant, Leonard B. Kirby, Jr., from his conviction of the unintentional second-degree murder of Karen Couts, who died as a result of a ruptured spleen after twice seeking emergency medical care at the University of Kansas Medical Center (UKMC). Kirby contends that causation instructions should have been given with regard to the alleged negligence of UKMC emergency room physicians...

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