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KELLY v. VINZANT

No. 94,648.

197 P.3d 803 (2008)

William J. KELLY, Appellant/Cross-appellee, v. Whitney L. VINZANT, M.D., Appellee/Cross-appellant.

Supreme Court of Kansas.

December 12, 2008.

Attorney(s) appearing for the Case

Susan R. Schrag, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Edward L. Robinson, of the same firm, was with her on the briefs for appellant/cross-appellee.

Jerry D. Hawkins, of Hite, Fanning & Honeyman, L.L.P., of Wichita, argued the cause, and Randy J. Troutt, of the same firm, was with him on the briefs for appellee/cross-appellant.

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

This appeal raises questions of whether a medical malpractice plaintiff may state a claim for fraud and for violations of the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 et seq., after a jury found that the physician did not commit medical malpractice, and whether the statute of limitations for battery based upon a fraudulently obtained consent begins to run when the fraud is discovered or when...

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