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DICKERSON v. SCHROEDER

No. 94,620.

281 Kan. 661 (2006)

VIRGINIA DICKERSON, DARRELL WALKER, and DARRELL WALKER IN HIS CAPACITY AS EXECUTOR OF THE ESTATE OF BERTHA WALKER, Appellants, v. JOEL N. SCHROEDER, M.D., SAMEER CHAUDHRY, M.D., and LINDA M. JOHNSON, M.D., Defendants, and KANSAS HEALTH CARE STABILIZATION FUND, Garnishee/Appellee.

Supreme Court of Kansas.

Opinion filed April 28, 2006.

Attorney(s) appearing for the Case

Michael L. Hodges, of Law Office of Michael L. Hodges, of Lenexa, argued the cause and was on the brief for the appellants.

Steve A. Schwarm, of Polsinelli Shalton Welte Suelthaus P.C., of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

ROSEN, J.:

This appeal arises from a garnishment action against the Health Care Stabilization Fund (Fund) following a judgment in a medical malpractice suit against a physician insured by the Fund. The plaintiffs in the medical malpractice action appeal the district court's order dismissing their garnishment against the Fund.

The facts regarding this garnishment action are not in dispute. Dr. Joel N. Schroeder...

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