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Hallam v. Mercy Health Center of Manhattan9/17/2004
at the petition was sufficient to state a cause of action and that no allegation of physical injury to plaintiff or malice or wantonness was necessary. Regarding the statute of limitations, the court concluded:
"Defendant Ford included in his demurrer the ground that the petition showed on its face that it was barred by the statute of limitations since it shows that it was not brought within one year of the date when the cause of action arose. As will be noted, we have concluded that this action is for any injury to the rights of another and could be maintained within two years of the time when the action arose. (See G.S. 1935, 60-306, third. . . .)" (Emphasis added.) 146 Kan. at 703.
The statute cited is a predecessor to 60-513(a)(4). In fact, since 1868 the law in Kansas has been that "an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated," is subject to a 2-year statute of limitations. See G.S. 1868, ch. 80, sec. 18.
Defendant directs us to several other states' court decisions whose holdings we need not address since our position from P.W.P. and other case law is clear. In short, the 1 year limitation under K.S.A. 60-514 does not apply to this claim for outrage and intentional infliction of emotional distress. Instead, under K.S.A. 2003 Supp. 60-513(a)(4), the statute of limitations is 2 years.
Therefore, the answer to the first certified question is: The statute of limitations on a claim of outrage and intentional infliction of emotional distress is 2 years.
Question 2: If the statute of limitations is 1 year, does this ruling apply retroactively or prospectively?
Because we hold that the statute of limitations is 2 years, this question is moot.
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