Legal Opinion

Brubaker v. Cavanaugh

Court of Appeals for the Tenth Circuit

Decided August 22, 1984No. 82-1981PublishedCited by 26 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant in this diversity action appeals from an order of the district court 542 F.Supp. 944 granting summary judgment for the defendant on the ground that the action is barred by the applicable Kansas statute of limitation. We affirm.

The facts as alleged by the plaintiff are taken as true for the purposes of this appeal. In this medical malpractice action, plaintiff Donal Brubaker, as administrator of the estate of his wife, Shirley Brubaker, and as father of their son, Brian, seeks damages for personal injury, wrongful death, wrongful birth, and…

2Cases cited11 opinions

  1. Flemming v. NestorSupreme Court of the United States · 1960
  2. Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
  3. Schweiker v. WilsonSupreme Court of the United States · 1981
  4. Arnold G. Barwick v. The Celotex Corporation, Keene Corporation, Pittsburgh Corning Corporation, H.K. Porter, Forty-Eight Insulations, Inc.Court of Appeals for the Fourth Circuit · 1984
  5. William R. Jewson v. Mayo ClinicCourt of Appeals for the Eighth Circuit · 1982

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3Cited by26 opinions

  1. Aicher Ex Rel. LaBarge v. Wisconsin Patients Compensation FundWisconsin Supreme Court · 2000
  2. Hill v. FitzgeraldCourt of Appeals of Maryland · 1985
  3. Bonin v. VannamanSupreme Court of Kansas · 1996
  4. Hoffner v. JohnsonNorth Dakota Supreme Court · 2003
  5. Comstock v. CollierSupreme Court of Colorado · 1987

21 more not listed; retrieve them via the Exa API.

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