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THARP v. LEE

No. 90,354.

32 Kan.App. 2d 628 (2004)

87 P.3d 323

JAMES W. THARP, Individually and on behalf of all heirs, and as Executor of the Estate of Jeanette B. Adams, Deceased, Appellant, v. REX R. LEE, M.D., DR. REX R. LEE D/B/A SOUTHEAST CLINIC; STEPHANIE B. RATTONAVANGSA; ROBYN CALVERT; VIA CHRISTI REGIONAL MEDICAL CENTER, INC.; SHAKER R. DAKHIL, M.D.; CANCER CENTER OF KANSAS, INC.; and DOES 1 THROUGH 30, Appellees.

Court of Appeals of Kansas.

Opinion filed March 26, 2004.

Attorney(s) appearing for the Case

Calvin L. Wiebe, of the law office of Calvin L. Wiebe, P.A., of Wichita, for appellant.

Don D. Gribble, II, of Hite, Fanning & Honeyman, L.L.P., of Wichita, for appellee Via Christi Regional Medical Center, Inc.

Larry B. Spikes, of Spikes Law LLC, of Wichita, for appellees Shaker R. Dakhil, M.D., and Cancer Center of Kansas, Inc.

Timothy P. McCarthy, of Williamson & Cubbison, of Kansas City, Kansas, for appellees R. Rex Lee, M.D., Dr. R. Rex Lee d/b/a Southeast Clinic, Stephanie B. Rattonavangsa, and Robyn Calvert.

Before PIERRON, P.J., HILL, and McANANY, JJ.

McANANY, J.:

James Tharp, individually and on behalf of the heirs of Jeanette Adams, and as the executor of her estate, appeals the district court's order of dismissal.

We affirm.

Jeanette Adams died on September 27, 1999, while under the medical care of defendants. Tharp filed suit against the defendants on September 26, 2001, alleging causes of action for negligence and breach of contract. On December 28, 2001 (86 days after suit

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