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Hallam v. Mercy Health Center of Manhattan9/17/2004
The answers to the certified questions are determined.
In connection with a case brought by Kathy Hallam, Julie Ogden, and Nancy Ragan against Mercy Health Center of Manhattan, Inc., Judge Monti L. Belot of the United States District Court for the District of Kansas certified the following questions for determination by this court, pursuant to K.S.A. 60-3201:
"1. What is the statute of limitations [in Kansas] on a claim for outrage and intentional infliction of emotional distress?"
"2. If the answer to question 1 is 1 year, does this ruling apply retroactively or prospectively?"
We hold that the statute of limitations for a claim of outrage and intentional infliction of emotional distress is 2 years and that the second question is, therefore, moot.
FACTS
The relevant facts set out in Judge Belot's Memorandum and Order of Certification to the Kansas Supreme Court are as follows:
"Plaintiff Julie Ogden claims to be Edward Ogden's daughter. The relationship of the other two plaintiffs to Edward is not alleged in the complaint but in their response to defendant's motion to dismiss, it is stated that they also are daughters. The court will assume that they are.
"Edward, not legally married, died at defendant's hospital on August 28, 2001. Plaintiffs contend that Amy Chaplin, one of defendant's employees, obtained consent from Pat Kunz for organ and tissue donation of certain parts of Edward; that Chaplin obtained Kunz's consent on the basis that Kunz was Ogden's common law wife, even though no such relationship existed and that Chaplin spoke with Julie, but did not ask her about organ and tissue donation or the marital status of Edward and Kunz. Based upon Kunz's consent, defendant harvested Edward's eyes and bone marrow, allegedly for the purpose of monetary gain and compliance with quotas.
"Plaintiffs seek actual damages based upon claims of defendant's negligent failure to properly train Chaplin, intentional infliction of emotional distress, conversion, fraud and outrage. In addition, plaintiffs seek punitive damages.
"Plaintiffs filed this case on May 23, 2003, approximately 21 months after Edward's death. Pursuant to Fed. R. Civ. P. 12(b)(6), defendant now moves for dismissal of plaintiffs' intentional infliction of emotional distress and outrage claims on the basis that they are barred by Kansas' one year statute of limitation. K.S.A. 60-514(b). Defendant also seeks dismissal of plaintiffs' fraud and conversion claims on the basis that plaintiffs cannot recover damages on those claims as a matter of law. Finally, defendant asserts that because plaintiffs have no claims upon which they can recover actual damages, their claim for punitive damages also must be dismissed. Defendant does not address plaintiffs' negligent failure to train claim.
"Plaintiffs respond that the statute of limitation on plaintiffs' intentional infliction of emotional distress and outrage claims is two years, that plaintiffs had 'quasi property rights' in Edward's body which allow them to recover damages on their fraud and conversion claims and therefore entitle them to maintain their punitive damages claim."
ANALYSIS
Question 1: What is the statute of limitations in Kansas on a claim for outrage and intentional infliction of emotional distress?
We preliminarily observe that the tort of outrage is the same as the tort of intentional infliction of emotional distress under Kansas law. Dawson v. Prager, 276 Kan. 373, 388, 76 P.3d 1036 (2003). Plaintiffs argue that the applicable statute of limitations for this tort is 2 years. They rely primarily upon
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