Legal Opinion

McGinnes v. Wesley Medical Center

Court of Appeals of Kansas

Decided January 29, 2010No. 99,896PublishedCited by 3 opinions

1Opinion of the Court

Knudson, J.:

Plaintiffs Samantha McGinnes, individually, as next friend of Daniel McGinnes, Seth McGinnes, and Jeremy McGinnes, and as administrator for the Estate of Darryl McGinnes (McGinnes), deceased, filed this medical malpractice action against defendant Estephan N. Zayat, M.D. (Zayat), to recover monetary damages for personal injury and wrongful death. After a lengthy trial, die jury returned a verdict in favor of the plaintiffs that totaled $2,000,000. The plaintiffs appeal the application of statutory caps on damages under K.S.A. 60-1903 and 60-19a02 that reduced the award to…

2Cases cited21 opinions

  1. Martindale v. TennySupreme Court of Kansas · 1992
  2. Bair v. PeckSupreme Court of Kansas · 1991
  3. Samsel v. Wheeler Transport Services, Inc.Supreme Court of Kansas · 1990
  4. State v. JohnsonSupreme Court of Kansas · 2008
  5. Double M Construction, Inc. v. State Corp. CommissionSupreme Court of Kansas · 2009

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3Cited by3 opinions

  1. Adkins v. HontzMissouri Court of Appeals · 2011
  2. Garrison v. Target CorporationCourt of Appeals of South Carolina · 2020
  3. Yaple v. Jakel Trucking LLCDistrict Court, D. Kansas · 2023

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