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Humes v. Clinton

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eBook details

  • Title: Humes v. Clinton
  • Author : Supreme Court of Kansas
  • Release Date : January 25, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

The opinion of the court was delivered by This is a medical malpractice and products liability case
brought by Brenda and Bennie Humes on behalf of their nonviable
fetus, as heirs at law of the fetus, and individually against
Dale L. Clinton, M.D., and ALZA Corporation. Appellants Clinton
and ALZA Corporation have perfected an interlocutory appeal of
the district court's ruling denying them summary judgment on
appellees Humes' claim for wrongful death, pain and suffering,
strict liability, and negligence per se. Appellees Humes
cross-appeal the district court ruling granting summary judgment
to Dr. Clinton on Brenda Humes' claim for emotional and physical
injuries resulting from a previous abortion. In reviewing a summary judgment, we must consider the record in
the light most favorable to the party against whom summary
judgment was entered. Mick v. Mani, 244 Kan. 81, 83, 766 P.2d 147
(1988); Johnston v. Elkins, 241 Kan. 407, 736 P.2d 935
(1987). The district court found the following facts
uncontroverted or most favorable to the Humes:


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