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ST. FRANCIS REG. MED. CENTER v. CRITICAL CARE, INC.

No. 94-1398-MLB.

997 F.Supp. 1440 (1997)

ST. FRANCIS REGIONAL MEDICAL CENTER, INC., Plaintiff, v. CRITICAL CARE, INC., Flying Nurses, Inc., and Mary Ann Foster, Defendants; and FLYING NURSES, INC., Third Party Plaintiff, v. Sandra K. STERLING a/k/a Sandy Sterling, Third Party Defendant.

United States District Court, D. Kansas.

December 31, 1997.

Attorney(s) appearing for the Case

Steven C. Day, Woodard, Blaylock, Hernandez, Roth & Day, Wichita, KS, for St. Francis Regional Medical Center, plaintiffs.

Larry B. Spikes, Kathryn Gardner, Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., Wichita, KS, Jana V. Richards, Blackwell, Sanders, Matheny, Weary & Lombardi, L.L.P., Overland Park, KS, for Critical Care Inc, aka, S K Sterling Inc.

Eric B. Metz, Jeffery C. Dahlgren, Triplett, Woolf & Garretson, LLC, Wichita, KS, Nancy J. Strouse, Wichita, KS, for Flying Nurses, Inc.

Anne M. Hull, Turner & Boisseau, Chartered, Wichita, KS, Peter G. Collins, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Wichita, KS, Brian C. Wright, Turner & Boisseau, Chartered, Great Bend, KS, for Mary Ann Foster.

MEMORANDUM AND ORDER

BELOT, District Judge.

On December 17, 1997, this court held oral arguments on the standard of proof applicable to St. Francis' indemnity claim, specifically including whether St. Francis must prove that Mary Ann Foster was only potentially liable, versus actually liable, to Squier, and whether Foster may compare the fault of others. St. Francis appeared by Lee Woodard, Foster by Brian Wright, Flying Nurses, Inc. ("FNI") by Eric...

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