Date: 06-29-2001

Case Style: Albert & Forestean Adams v. Via Christi Regional Medical Center

Plaintiff's Attorney: RAndall E. Fisher of the law office of Randall E. Fisher, Wichita, Kansas

Defendant's Attorney: William Tinker, Jr. of McDonald, Tinker, Skaer, Quinn & Herrington, P.A. , Wichita, Kansas

Description: This is a personal injury and wrongful death action filed by Albert and Forestean Adams, the parents of Nichelle Adams, who died as a result of a ruptured ectopic pregnancy. The parents sued St. Francis Regional Medical Center, now known as Via Christi Regional Medical Center, and Dr. Linus Ohaebosim. The parents settled all their claims against the hospital for $170,000. The parents' action against Dr. Ohaebosim proceeded to trial, and the jury returned a verdict in favor of the parents. The jury's nonpecuniary wrongful death damage award was for $1,800,000. Because the parents already had received the statutory limit on wrongful death damages as settlement proceeds from the hospital, the trial court entered no judgment against Dr. Ohaebosim for wrongful death damages. The parents appeal from the trial court's entry of judgment. Dr. Ohaebosim cross-appeals on liability issues. The case was transferred to this court pursuant to K.S.A. 20-3018(c).

***

Outcome: Judgment on wrongful death damages is reversed, and the matter is remanded to the district court with directions to enter judgment against Dr. Ohaebosim for wrongful death damages in the amount of $100,000.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None