TILZER v. DAVIS, BETHUNE & JONES, L.L.C.

No. 99,678.

204 P.3d 617 (2009)

Jerome S. TILZER, et al., Appellants, v. DAVIS, BETHUNE & JONES, L.L.C., et al., Appellees.

Supreme Court of Kansas.

April 3, 2009.


Attorney(s) appearing for the Case

William J. Skepnek, of Skepnek Fagan Meyer & Davis, P.A., of Lawrence, argued the cause, and Trey T. Meyer and Mark T. Emert, of the same firm, and Steven M. Smoot, of Smoot Law Firm, P.C., of Houston, Texas, were with him on the brief for appellants.

Daniel E. Hamann, of Deacy & Deacy, LLP, of Kansas City, Missouri, argued the cause, and Dale L. Beckerman and Spencer J. Brown, of the same firm, were with him on the brief for appellees Davis, Bethune & Jones, L.L.C. and Grant L. Davis.

Cathy J. Dean, of Polsinelli Shalton Flanigan Suelthaus PC, of Kansas City, Missouri, and Todd A. Gangel and Lori C. McGroder, of Shook, Hardy & Bacon, L.L.P., of Kansas City, Missouri, were on the brief for intervenors/appellees Bristol-Myers Squibb Company and Eli Lilly and Company.


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

Jerome S. Tilzer, individually and as plaintiff ad litem for Rita Tilzer, Todd A. Tilzer, and Jill Jokelson, (hereafter collectively referred to as Tilzers) appeal the granting of summary judgment in favor of the defendants, Grant L. Davis and Davis, Bethune & Jones, LLC, (hereafter collectively referred to as Davis), in this legal malpractice action. Tilzers raise four issues on appeal: (1) whether Tilzers...

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