Lemons v. St. John's Hospital of Salina

Abbott, J.:

Plaintiff appeals from a judgment for the defendants in a medical malpractice case based on jury findings that the defendants, St. John’s Hospital of Salina, Kansas, James E. Roderick and Rex S. Romeiser were not negligent.

Plaintiff raises five issues on appeal. The first four issues involve alleged abuse of discretion in rulings by the trial court. Plaintiff complains that the rulings were erroneously made on the premise that a good faith controversy existed between the defendant doctors and the defendant hospital.

One who claims abuse of discretion has the burden of proving that…