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BERRY v. NATIONAL MEDICAL SERVICES, INC.

No. 99,953.

257 P.3d 287 (2011)

Judith BERRY, Appellant, v. NATIONAL MEDICAL SERVICES, INC., d/b/a NMS Labs; and Compass Vision, Inc., Appellees.

Supreme Court of Kansas.

August 12, 2011.

Attorney(s) appearing for the Case

Jason M. Hans , of Rouse Hendricks German May PC, of Kansas City, Missouri, argued the cause and was on the briefs for appellant.

William M. Modrcin , of Stinson Morrison Hecker LLP, of Kansas City, Missouri, argued the cause and was on the briefs for appellee Compass Vision, Inc.

Matthew M. Merrill , of Brown & Ruprect PC, of Kansas City, Missouri, argued the cause and was on the briefs for appellee National Medical Services, Inc., d/b/a NMS Labs.

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

Judith Berry brought negligence and consumer protection claims against National Medical Services, Inc. (NMS) and Compass Vision, Inc. (Compass) based on urinalysis tests conducted as part of Berry's participation in the Kansas Nurses Assistance Program (KNAP). The district court dismissed Berry's petition with prejudice for failure to state a claim upon which relief may be granted. The majority of the Court of Appeals...

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