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ESQUIVEL v. WATTERS

No. 94,691.

183 P.3d 847 (2008)

Jesse D. ESQUIVEL and Michelle Lee Esquivel, as Heirs at Law of Jadon David Esquivel, Deceased, and Jesse D. Esquivel and Michelle L. Esquivel, as Special Administrators of the Estate of Jadon David Esquivel, Deceased, Appellants, v. Aaron T. WATTERS, M.D., Ark City Clinic, P.A., and South Central Kansas Regional Medical Center, Appellees.

Supreme Court of Kansas.

May 23, 2008.

Attorney(s) appearing for the Case

Will B. Wohlford, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Jeffery L. Carmichael, of the same firm, was with him on the briefs for the appellants.

Terry L. Mann, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, argued the cause, and David S. Wooding and Teresa L. Mah, of the same firm, were with him on the briefs for appellee Aaron T. Watters, M.D.

Peter G. Collins and Nancy Ogle, of Woodard, Hernandez, Roth & Day, L.L.C., of Wichita, were on the brief for appellee South Central Kansas Regional Medical Center.

The opinion of the court was delivered by JOHNSON, J.:

Jesse D. and Michelle Lee Esquivel, the parents of Jadon David Esquivel, deceased, seek review of the Court of Appeals decision affirming the district court's granting of summary judgment in favor of Dr. Aaron T. Watters, a defendant in the parents' civil action arising from Jadon's death. Finding that summary judgment was inappropriate, we reverse.

FACTUAL BACKGROUND

In August 2001, Dr...

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