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Cummings v. City of Lakin12/12/2003
approved.
In short, we hold that if the rejection period of a notice of claim filed pursuant to K.S.A. 2002 Supp. 12-105b(d) extends beyond the end of the statute of limitations period, the statute of limitations is extended by the amount of time that elapses between the filing of the notice of the claim with the governmental entity and claimant's receipt of its denial, or 120 days, whichever occurs first.
Here, the City received notice of Cummings' claim on May 10, 2002. Her attorney received the City's denial letter on July 8. Adding this lapse of time, 59 days, to May 13, 2002- -the original deadline imposed by the statute of limitations- -would extend the filing deadline to July 11, 3 days after Cummings' attorney's receipt of the denial. Cummings filed suit 13 days later than this deadline, on July 24. Accordingly, the district court properly dismissed her lawsuit as untimely, and the Court of Appeals properly affirmed the dismissal.
Affirmed.
Beier, J., not participating.
Brazil, S.J., assigned.
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