Date: 11-03-1998

Case Style: Barbara Wardrip v. Dillis L. Hart, M.D. v. Continenta Insurance Company

Case Number: 94-1058-JTM

Judge: Marten

Court: District Court

Plaintiff's Attorney: Dan E. Turner of the Turner & Turner Law firm Topeka, Kansas

Defendant's Attorney: John L. Carmichael of Wilson, Lee & Gurney, Wichita, Kansas, Randall H. Elam, Wichita, Kansas; Jay F. Fowler, Stephen M. Kerwick, Foulston & Siefkin L.L.P., Wichita, Kansas

Description: Garnishment action by medical malpractice judgment creditor against defendant doctor's insurance carrier. In the underlying action, a jury awarded $900,000 in compensatory damages and determined that punitive damages were appropriate. The district court adjusted the actual damages to $850,000 and awarded Wardrip $200,000 in punitive damages. Continental paid Wardrip $850,000 but refused to pay the punitive damages portion of the judgment.

Outcome: Claim dismissed with a finding that defendant was not liable under its policy under Kansas law for punitive damages.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: See: 28 F.Supp.2d 1213 (D.Kan. 1998).