Fieser v. St. Francis Hospital & School of Nursing, Inc.

The opinion of the court was delivered by

Fromme, J.:

This is an appeal by plaintiff from summary judgments entered in favor of all defendants. The problem presented concerns a release given to an original tortfeasor and raises the question of what effect such a release has on a subsequent malpractice action.

On March 7, 1969, plaintiff was injured when his car collided with another automobile parked on a highway near Wellington, Kansas. The offending automobile was owned by Kenneth J. Stinnett and had been left unattended on the highway by his son, James D. Stinnett. On March 17, 1969,…