(Download) "Rule v. Cheeseman" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Rule v. Cheeseman
- Author : Supreme Court of Kansas
- Release Date : January 09, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by A petition was filed and a malpractice action commenced by
plaintiff against defendant, as personal representative of her
deceased husband's estate, in the probate court where decedent's
estate was being probated. The probate court transferred the case
to the district court for trial. At the conclusion of the
evidence, which was principally by depositions, a motion by
defendant for a directed verdict was sustained and the jury so
returned its verdict for defendant. Plaintiff appeals from the
order sustaining defendant's motion for a directed verdict and
from the order overruling her motion for new trial. After the transfer to the district court no additional
pleadings were filed and there was no request to amend them
except that the words "servant and employee" were stricken from
the petition. The petition substantially alleged that Doctor
William B. Cheeseman, a resident of Johnson county, died on
January 11, 1955, and that the administration of his estate was
pending in the probate court; that on May 4, 1954, Doctor
Cheeseman and his agent, Doctor Weaver, acting under and in the
scope of the direction of Doctor Cheeseman, negligently and
carelessly performed a gall stone operation on plaintiff whereby
a gauze pad or surgical sponge was left within her body. This
caused plaintiff pain, mental and physical anguish, and
suffering. Other allegations involved damages totaling $20,000
including the expense of removing the foreign body.
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