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No. 101,855 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ETHAN HAUPTMAN, As Surviving Spouse and Personal Representative of THE ESTATE OF JENNIFER HAUPTMAN, Deceased, Appellant, v. WMC, INC., d/b/a WESLEY MEDICAL CENTER, Appellee, and JOHN F. AND WYNEMA M. DYE, As Surviving Parents and Personal Representatives of THE ESTATE OF JONATHAN DYE, Deceased, Appellants, v. WMC, INC., d/b/a WESLEY MEDICAL CENTER, Appellee.

SYLLABUS BY THE COURT 1. Summary judgment should be granted with caution in negligence actions. In the vast majority of cases, claims based on negligence present factual determinations for the jury, not legal questions for the court. Summary judgment is proper in a negligence action, however, if the only questions presented are questions of law. If reasonable persons could arrive at only one conclusion, the court may decide the question as a matter of law.

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2. Under Restatement (Second) of Torts

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Kansas Law