Berry v. National Medical Services, Inc.

The opinion of the court was delivered by

Rosen, J.:

Judith Berry brought negligence and consumer protection claims against National Medical Services, Inc. (NMS) and *918Compass Vision, Inc. (Compass) based on urinalysis tests conducted as part of Berry’s participation in the Kansas Nurses Assistance Program (KNAP). The district court dismissed Berry’s petition with prejudice for failure to state a claim upon which relief may be granted. The majority of the Court of Appeals panel reversed the dismissal of the negligence claim. This court granted NMS’s petition for review because the issue presented…