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eBook details

• Title: Mccullough v. Bethany Med. Center
• Author : Supreme Court of Kansas
• Release Date : January 08, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

The opinion of the court was delivered by This is a medical malpractice action in which plaintiff Mary Ann McCullough appeals from summary judgments entered in favor of defendants Bethany Medical Center, Jimmy Kelso and Charles T. Stubblefield, M.D. We shall first consider the propriety of the summary judgment entered in favor of Dr. Stubblefield. The general rules relative to summary judgment were summarized in Olson v. State Highway Commission, 235 Kan. 20, 679 P.2d 167 (1984) as follows: Summary judgment is proper if no genuine issue of fact remains, giving the benefit of all inferences which may be drawn from the admitted facts to the party against whom judgment is sought. A trial court, in ruling on motions for summary judgment, should search the record to determine whether issues of material fact do exist. When summary judgment is challenged on appeal, this court will read the record in the light most favorable to the party who defended against the motion for summary judgment. Syl. ¶ 1.

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