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ZAK v. RIFFEL

No. 91,946.

34 Kan.App. 2d 93 (2005)

KATHLEEN S. ZAK, Appellant, v. LAWRENCE D. RIFFEL, M.D., et al., Appellees.

Court of Appeals of Kansas.

Opinion filed July 15, 2005.

Attorney(s) appearing for the Case

Pieter A. Brower, of Pieter A. Brower, P.C., of Kansas City, Missouri, and Robert P. Numrich, of Baty, Holm & Numrich, P.C., of Kansas City, Missouri, for appellant.

Mark A. Lynch, Reid F. Holbrook, and Eric A. Morrison, of Holbrook & Osborn, P.A., of Overland Park, for appellee.

Kyle J. Steadman and James R. Howell, of Bradshaw, Johnson & Hund, of Wichita, and Gary D. White, of Palmer, Leatherman & White, LLP, of Topeka, for amicus curiae Kansas Trial Lawyers Association.

Before MALONE, P.J., GREEN and BUSER, JJ.

MALONE, J.:

Kathleen S. Zak filed a medical negligence case seeking damages for the wrongful death of her husband, Michael Zak, a 48-year-old business executive, from dilated cardiomyopathy. The case proceeded to trial against only Dr. Lawrence D. Riffel. The jury returned a verdict finding Dr. Riffel to be 51% at fault and Michael to be 49% at fault. The jury awarded $100,000 in total damages. The primary issue we will address on appeal is whether the trial court...

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