Fowler v. Criticare Home Health Services, Inc.

IN THE SUPREME COURT OF KANSAS

No. 83,085

MATTHEW FOWLER,

Appellant,

v.

CRITICARE HOME HEALTH SERVICES, INC.,

Appellee.

Review of the judgment of the Court of Appeals in 27 Kan. App. 2d 869, 10 P.3d 8 (2000). Appeal from Douglas district court; PAULA B. MARTIN, judge. Judgment of the Court of Appeals affirming the district court is affirmed. Judgment of the district court is affirmed. Opinion filed July 13, 2001.

Sally A. Howard, of Stevens & Brand, L.L.P., of Lawrence, argued the cause, and Scott Bloch, of the same firm, was with her on the briefs for appellant.

Michael E. Riling, of Riling, Burkhead, & Nitcher, Chartered, of Lawrence, argued the cause and was on the briefs for appellee.

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.