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BURNETTE v. EUBANKS

No. 112,429.

379 P.3d 372 (2016)

52 Kan.App. 2d 751

Vernon A. BURNETTE and Gail Burnette, as the Heirs-at-Law of Vernon "Joel" Burnette, Deceased, and Vernon A. Burnette, as the Personal Representative of the Estate of Vernon "Joel" Burnette, Deceased, Appellees, v. Kimber L. EUBANKS, M.D., and Paincare, P.A., Appellants.

Court of Appeals of Kansas.

Opinion filed May 27, 2016.

Attorney(s) appearing for the Case

Steven C. Day and Christopher S. Cole , of Woodard, Hernandez, Roth & Day, LLC, of Wichita, and Bruce Keplinger and Christopher Lucas , of Norris & Keplinger, LLC, of Overland Park, for appellants.

John M. Parisi , Scott E. Nutter , and Daniel A. Singer , of Shamberg, Johnson & Bergman Chartered, of Kansas City, Missouri, and Michael W. Blanton , of Blanton Law Firm, of Evergreen, Colorado, for appellees.

Before Gardner, P.J., Hill and Powell, JJ.

In the third year of the pendency of his medical malpractice lawsuit, Joel Burnette killed himself. His heirs and his estate are now pursuing a wrongful death claim. They received a money judgment after a jury found a doctor, Kimber Eubanks, M.D., and a clinic, PainCARE, P.A., negligent.

The doctor and the Clinic appeal, contending...

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