Dodge City Medical Center v. Board of County Commissioners

Foth, C.J.:

The Board of County Commissioners of Gray County, Kansas, appeals from a judgment holding it liable for $3,205.00 in medical expenses for services rendered by the plaintiff Dodge City Medical Center, a partnership, to one Russell Lopez.

The case was submitted on stipulated facts showing that on March 20, 1978, a Gray County deputy sheriff came upon Lopez in the midst of committing a burglary. When called upon to surrender, Lopez opened fire. The deputy returned the fire with a riot gun, seriously wounding Lopez. The deputy summoned an ambulance and the sheriff. The sheriff drove…