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U.S. Court of Appeals for the Tenth Circuit, 1994

Julie Delaney v. Victor R. Cade, D.O. St. Joseph Memorial Hospital Central Kansas Medical Center, and L.G. Stephenson & Co., Inc.

Julie Delaney v. Victor R. Cade, D.O. St. Joseph Memorial Hospital Central Kansas Medical Center, and L.G. Stephenson & Co., Inc.
U.S. Court of Appeals for the Tenth Circuit · Decided June 3, 1994 · Seymour, Moore, Burciaga
26 F.3d 991; 1994 U.S. App. LEXIS 13290; 1994 WL 236975 (Federal Reporter, Third Series)

Counsel

Dwight A. Corrin, Corrin & Krysl, Wichita, KS, for plaintiff-appellant., Robert G. Martin and Alisa M. Arst, McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, KS, for defendant-appellee Victor R. Cade, D.O., Anne M. Hull, Eldon L. Boisseau, and Brian C. Wright, Turner and Boisseau, Wichita, KS, for defendants-appellees St. Joseph Memorial Hosp. and Central Kansas Medical Center.

Julie Delaney v. Victor R. Cade, D.O. St. Joseph Memorial Hospital Central Kansas Medical Center, and L.G. Stephenson & Co., Inc.

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Opinion

ORDER

JOHN P. MOORE, Circuit Judge.

This matter is before us following a response by the Supreme Court of the State of Kansas to our certification of the question whether Kansas recognizes the theory of the loss of chance of recovery. See Delaney v. Cade, 255 Kan. 199, 873 P.2d 175 (1994). The certified question having been answered affirmatively, the portion of the judgment over which we retained jurisdiction in this matter is REVERSED and the cause REMANDED for further proceedings. The mandate shall issue forthwith.

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