McGINNES v. WESLEY MEDICAL CENTER

No. 99,896.

224 P.3d 581 (2010)

Samantha McGINNES, et al., Appellants/Cross-appellees, v. WESLEY MEDICAL CENTER, Defendant, and Estephan N. Zayat, M.D., Appellee/Cross-appellant.

Court of Appeals of Kansas.

January 29, 2010.


Attorney(s) appearing for the Case

Bradley J. Prochaska, of Prochaska, Giroux & Howell, of Wichita, and Aaron W. Smith, of The A.W. Smith Law Firm, P.C. of Columbia, Missouri, for appellant/cross-appellee.

Lee H. Woodard and Anthony M. Singer, of Woodard, Hernandez, Roth & Day, LLC, of Wichita, for appellee/cross-appellant.

Timothy J. Finnerty and Ryan D. Weltz, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, for amicus curiae Kansas Association of Defense Counsel.

Toby Crouse, Scott C. Nehrbass, and James D. Oliver, of Foulston Siefkin LLP, of Overland Park, for amicus curiae Kansas Chamber of Commerce.

Cathy J. Dean, Douglas J. Kramer, and Lauren E. Tucker McCubbin, of Polsinelli Shugart PC, of Kansas City, Missouri, for amici curiae Kansas Medical Society and Kansas Hospital Association.

Before GREENE, P.J., MALONE, J., and KNUDSON, S.J.


KNUDSON, J.

Plaintiffs Samantha McGinnes, individually, as next friend of Daniel McGinnes, Seth McGinnes, and Jeremy McGinnes, and as administrator for the Estate of Darryl McGinnes (McGinnes), deceased, filed this medical malpractice action against defendant Estephan N. Zayat, M.D. (Zayat), to recover monetary damages for personal injury and wrongful death. After a lengthy trial, the jury returned a verdict in favor of the plaintiffs that totaled $2,000,000. The...

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