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Handy v. Reed12/24/2003
g of summary judgment. Mitchell v. City of Wichita, 270 Kan. 56, 59, 12 P.3d 402 (2002).
We agree that taking the latest possible date that Dr. Reed treated Handy as being January 31, 1997, more than 4 years passed between such date and the time Handy II was commenced on July 3, 2001. The 4-year statute of repose of K.S.A. 60-513(c) had clearly expired. The trial court correctly granted summary judgment based on the statute of repose.
Finally, the actions taken on Handy's behalf in this case were a deliberate attempt to extend the limitations period based on the wording of K.S.A. 60-241(a)(2) and the language of Peterson, 2 Kan. App. 2d 587. It was a reasonable attempt to set up a situation where Handy might enjoy an economic benefit if his claim against Dr. Reed could be established. An earlier timely filed action would only have benefitted the holder of the workers compensation lien and the counsel who might have successfully prosecuted such an action. We find no fault with the actions taken on Handy's behalf; that they were not successful represents nothing more than the risks of litigation.
Affirmed.
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