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DIEPENBROCK v. MERKEL

No. 90,708.

33 Kan.App. 2d 97 (2004)

97 P.3d 1063

RITA DIEPENBROCK, Individually and for and on Behalf of the Heirs at Law of JOHN DIEPENBROCK, Deceased, Appellants, v. WILLIAM EARL MERKEL, TOPEKA AIR AMBULANCE, INC., and PAUL JUEDES, MICT., Appellees.

Court of Appeals of Kansas.

Opinion filed September 24, 2004.

Attorney(s) appearing for the Case

Kevin L. Diehl and Eugene B. Ralston, of Ralston, Pope & Diehl, LLC, of Topeka, for appellant.

Daniel P. Hanson, of Hanson & Gurney, of Overland Park, for appellee Topeka Air Ambulance, Inc.

Clinton W. Lee and Mark A. Buck, of Fairchild & Buck, P.A., of Topeka, for appellees William Earl Merkel and Paul Juedes.

Before GREEN, P.J., MALONE, J., and STEPHEN R. TATUM, District Judge, assigned.

GREEN, J.:

John Diepenbrock (Diepenbrock) suffered a heart attack while a patron of Harrah's Prairie Band Casino (Casino) and received medical treatment from William Earl Merkel, Paul Juedes, and Topeka Air Ambulance, Inc. (defendants). Rita Diepenbrock (Rita), both as personal representative of Diepenbrock's estate and in her own capacity, sued the defendants. Rita maintained that the defendants wrongfully caused the death of Diepenbrock. The defendants moved to...

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