Bain v. Artzer

The opinion of the court was delivered by

Abbott, J.:

The appellant, Dr. Dennis Artzer, appeals from a ruling of the trial court granting the appellee, Peggy Bain, an order of voluntary dismissal without prejudice after she had presented all of her evidence at trial. Bain has filed a cross-appeal concerning the trial court’s disquahfication of one of her witnesses for failing to qualify as an expert pursuant to K.S.A. 60-3412.

Bain’s husband Micky suffered from kidney failure in 1992. Micky was treated and placed on dialysis by his treating physician, Dr. Artzer. Artzer is a nephrologist, a…