WILLIAMS v. LAWTON

No. 97,132.

207 P.3d 1027 (2009)

Richard WILLIAMS, Appellee/Cross-appellant, v. Dr. Steve LAWTON, Appellant/Cross-appellee.

Supreme Court of Kansas.

May 29, 2009.


Attorney(s) appearing for the Case

James D. Oliver, of Foulston Siefkin LLP, of Overland Park, argued the cause, and Amy S. Lemley and Brooke Bennett Aziere, of the same firm, of Wichita, were with him on the briefs for appellant/cross-appellee.

Lawrence W. Williamson, Jr., of Shores, Williamson, and Ohaebosim, LLC, of Wichita, argued the cause and was on the brief for appellee/cross-appellant.

G. Andrew Marino and Shannon L. Holmberg, of Gilliland & Hayes, P.A., of Wichita, and Peter S. Johnston and Dustin J. Denning, of Clark, Mize & Linville, Chartered, of Salina, were on separate briefs for amicus curiae Kansas Association of Defense Counsel.


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

This interlocutory appeal follows a district judge's decision to grant a new medical malpractice trial because of jury misconduct. More specifically, the district judge found the defendant was prejudiced by the jury's agreement to average each juror's assessment of negligence and to accept the resulting quotient as the jury's verdict. Subsequently, the district judge certified three questions for interlocutory...

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