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GEHRING v. STATE12/9/1994
Plaintiff, Susanne Gehring, appeals from the judgment of the district court which dismissed her action filed against the defendant, the Kansas Department of Transportation
(KDOT), because plaintiff's claim was barred by the statute of limitations.
We must decide if the district court erred in concluding a two-year statute of limitations applied to plaintiff's cause of action. We affirm.
The facts of this case are not disputed and are briefly stated as follows:
On August 2, 1991, plaintiff was injured in a one-car collision on K-181 Highway. At the time of the collision, J.H. Shears' Sons, Inc., pursuant to a contract with KDOT, was resurfacing the section of the highway where the collision occurred.
On August 30, 1993, plaintiff filed a negligence action against KDOT, alleging a substantial drop-off created during the resurfacing caused the collision. KDOT filed a motion to dismiss, arguing the claim was barred by a two-year statute of limitations. Plaintiff opposed the motion, arguing a three-year statute of limitations controlled. The district court granted the motion to dismiss after concluding that the legislature intended the underlying cause of action to be the deciding factor in determining the applicable statute of limitations. In this instance, the district court concluded plaintiff's action was controlled by the provisions of K.S.A. 1993 Supp. 60-513(a)(4).
Plaintiff argues the district court erred in concluding the two-year statute of limitations applied to her case. Plaintiff argues the Kansas Tort Claims Act (KTCA), K.S.A. 75-6101 et seq., created liability for governmental entities. According to plaintiff, her claim is an action based upon a liability created by statute. Consequently, plaintiff asserts the three-year statute of limitations under K.S.A. 60-512(2) applies to this action.
We conclude that under the KTCA, a governmental entity is liable for damages caused by the negligent or wrongful acts or omissions of its employees acting within the scope of their employment "where the governmental entity, if a private person, would be liable under the laws of this state." K.S.A. 75-6103(a). The Code of Civil Procedure is applicable to actions within the scope of the Act. K.S.A. 75-6103(b).
Under the Kansas Code of Civil Procedure, " n action for injury to the rights of another, not arising on contract," shall be brought within two years. K.S.A. 1993 Supp. 60-513(a)(4). On the other hand, " n action upon a liability created by statute" shall be brought within three years. K.S.A. 60-512(2).
The law in Kansas is well settled that interpretation of statutes is a question of law and this court's review of questions of law is unlimited. State v. Scherzer, 254 Kan. 926, 933-34, 869 P.2d 729 (1994). The overriding principle of statutory construction is that the intent of the legislature governs if that intent can be ascertained from the plain language of the statute. When the statute is plain and unambiguous, the court must give effect to the intent of the legislature. If, however, the interpretation of one section of an act based on its plain meaning would contravene the purpose of the legislature, the entire act should be construed according to its spirit and reason. When an act is clear on its face, there is no need to consult legislative history or extrinsic materials. 254 Kan. at 933-34.
The history surrounding the enactment of the KTCA does not clearly reveal the legislature's intent as to the applicable statute of limitations for claims brought under the KTCA. All discussions regarding a limitations period, however, referred to a two-year peri
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