Capps v. Valk

The opinion of the court was delivered by

Fatzer, J.:

This was an action to recover damages for malpractice in leaving an eight-inch drain tube in the body of the plaintiff. The case was here previously, Capps v. Valk, 184 Kan. 796, 339 P. 2d 62, and it was held plaintiff’s second amended petition alleged a cause of action against the defendant. Trial was had upon the issues by a jury, and at the close of the plaintiff’s case the district court sustained defendant’s demurrer to the plaintiff’s evidence and entered judgment for the defendant. Thereafter the plaintiff filed a motion for a new…