Delaney v. Cade

The opinion of the court was delivered by

Holmes, C.J.:

This case is before the court on questions certified by the United States Court of Appeals for the Tenth Circuit pursuant to the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq.

Chief Judge Stephanie K. Seymour, Circuit Judge presiding, has certified to this court the following questions:

“1. Does Kansas recognize a cause of action for loss of chance of recovery? “2. If so, what are the standards of proof for such a claim?”

Although the facts of the case are unnecessary for our determination of the legal questions…