MILLER v. JOHNSON

No. 99,818.

289 P.3d 1098 (2012)

295 Kan. 636

Amy C. MILLER, Appellant/Cross-appellee, v. Carolyn N. JOHNSON, M.D., Appellee/Cross-appellant.

Supreme Court of Kansas.

October 5, 2012.


Attorney(s) appearing for the Case

William J. Skepnek , of Skepnek Fagan Meyer & Davis, of Lawrence, argued the cause in the original argument and on reargument; Ned I. Miltenberg , of Center for Constitutional Litigation, P.C., of Washington, D.C., argued the cause in the original argument, and Trey T. Meyer , of Skepnek Fagan Meyer & Davis, of Lawrence, was with them on the briefs for appellant/cross-appellee. Lynn R. Johnson , of Shamberg, Johnson & Bergman, of Kansas City, Missouri, and Robert S. Peck , of Center for Constitutional Litigation, P.C., of Washington, D.C., argued the cause on reargument for appellant/cross-appellee.

Bruce Keplinger , of Norris & Keplinger, of Overland Park, argued the cause in the original argument and on reargument, and John Hicks , of the same firm, was with him on the brief for appellee/cross-appellant. Steven C. Day , of Woodard, Hernandez, Roth & Day, L.L.C., of Wichita, argued the cause on reargument for appellee/cross-appellant.

Cathy J. Dean , Douglas J. Kramer , and Lauren E. Tucker McCubbin , of Polsinelli Shughart PC, of Kansas City, Missouri, were on the brief for amicus curiae Kansas Medical Society and Kansas Hospital Association.

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

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

James R. Howell and Derek Casey , of Prochaska, Giroux & Howell, of Wichita, and Lynn R. Johnson , and David Morantz , of Shamberg, Johnson & Bergman, of Kansas City, Missouri, were on the brief for amicus curiae Kansas Association for Justice.

William Rich and James M. Concannon were on the amici curiae brief pro se.

Molly Wood , of Stevens & Brand, LLP, of Lawrence, was on the brief for amici curiae AARP; El Centro, Inc.; Kansas AFL-CIO, Kansas Advocates for Better Care, Inc.; The Disability Rights Center of Kansas; Kansas Coalition Against Sexual and Domestic Violence; and Linda Henry Elrod, Director of Children and Family Law Center of the Washburn University School of Law.

Steven C. Day , of Woodard, Hernandez, Roth & Day, LLC, of Wichita, was on the brief for amicus curiae Estephan N. Zayat, M.D.


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

Amy C. Miller sued her doctor, who mistakenly removed her left ovary during a laparoscopic surgery intended to take the right ovary, and a jury awarded her $759,679.74 in damages. But the district court reduced that amount by $425,000 because of a state law limiting noneconomic damages in personal injury lawsuits and a posttrial ruling finding her evidence of future medical expenses insufficient. Both sides appeal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases