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KANSAS MEDICAL MUT. INS. CO. v. SVATY

Nos. 102,075, 102,164.

244 P.3d 642 (2010)

KANSAS MEDICAL MUTUAL INSURANCE COMPANY, Petitioner, v. The Honorable Ron SVATY, Respondent. and Jeanette Allen, Appellee, v. William Slater, M.D., Appellee, and Kansas Medical Mutual Insurance Company, Appellant.

Supreme Court of Kansas.

December 10, 2010.

Attorney(s) appearing for the Case

Greg L. Musil , of Polsinelli Shughart PC, of Overland Park, argued the cause, and Lisa A. Weixelman and Lauren E. Tucker McCubbin , of the same firm, of Kansas City, Missouri, were on the brief for petitioner/appellant Kansas Medical Mutual Insurance Company.

Larry W. Wall , of Larry Wall Trial Law, of Wichita, argued the cause, and Terri Fahrenholtz , of Brennan Law Group P.A., of Wichita, was with him on the brief for appellee Jeanette Allen.

James R. Howell and Derek S. Casey , of Prochaska, Giroux & Howell, of Wichita, were on the brief for amicus curiae Kansas Association for Justice.

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

This case arises from the consolidation of an original action in mandamus and a collateral order appeal, both filed by Kansas Medical Mutual Insurance Co. (KaMMCO). KaMMCO seeks relief from a discovery order entered in a pending medical malpractice action. KaMMCO, which is not a party in the underlying medical malpractice action and does not insure the malpractice defendant, argues that the district court failed...

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