(DOWNLOAD) "Leiker v. Gafford" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Leiker v. Gafford
- Author : Supreme Court of Kansas
- Release Date : January 25, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The opinion of the court was delivered by Professional Anesthesia, Inc., appeals from an order of the
district court denying its cross-claim for indemnification from
Wendell P. Gafford. We affirm. The facts necessary for a determination of the issues in this
appeal are not in dispute and arise out of the underlying medical
malpractice judgment in Leiker v. Gafford, 245 Kan. 325,
778 P.2d 823 (1989). Shawn A. Leiker died as a result of the
negligent administration of anesthesia by Wendell P. Gafford, a
certified registered nurse anesthetist employed by Professional
Anesthesia. In the underlying case (Gafford I), the action was
originally filed by James S. Leiker in his representative
capacity as the husband and next friend of Shawn A. Leiker, and
in his individual capacity. While the proceedings were pending in
district court, Shawn A. Leiker died and the pleadings were
amended to include James S. Leiker as Special Administrator of
Shawn's estate and as representative of the minor children. The
defendants in Gafford I were Wendell P. Gafford; Professional
Anesthesia, Inc., a corporation wholly owned and controlled by
defendant Gafford; George W. Marshall, M.D., the attending
physician; his professional corporation; and Abbott Laboratories.
Professional Anesthesia filed a cross-claim for indemnification
against Gafford. The trial court deferred any action on the
cross-claim until final resolution of the action between Leiker
and the defendants. The jury determined that Gafford was 90% at
fault and Marshall was 10% at fault. The judgment, in excess of
two million dollars, was entered against Gafford, Marshall, and
their respective corporations. The liability of Professional
Anesthesia was predicated solely upon its vicarious liability as
the employer of Gafford under the doctrine of respondeat
superior.
 "Leiker v. Gafford" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free){kind=link}