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FOWLER v. CRITICARE HOME HEALTH SERV., INC

Supreme Court of Kansas
Jul 13, 2001
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SYLLABUS BY THE COURT

TORTS — Retaliatory Discharge for Whistleblowing — Discharged Employee's Burden of Proof — Summary Judgment.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Matthew Fowler appealed the district court's granting of summary judgment in favor of Criticare Home Health Services, Inc., on Fowler's claims of retaliatory discharge for whistle-blowing and for refusing to violate the law. In a published opinion by Judge Beier, a unanimous panel of the Court of Appeals affirmed. Fowler v. Criticare Home Health Services, Inc., 27 Kan. App. 2d 869, 10 P.3d 8 (2000). This court granted Fowler's petition for review.

We have carefully considered and reviewed the briefs, arguments, and the record in this case, and we conclude the Court of Appeals was correct. We, therefore, adopt the opinion of the Court of Appeals and affirm both the district court and the Court of Appeals.