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· 6/2/1995

See v. Hartley

Citations

  • 257 Kan. 813
  • 896 P.2d 1049
  • 1995 Kan. LEXIS 81

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the 4-year time bar of K.S.A. 60-513[c] is subject to the savings provision of K.S.A. 60-518 and the tolling provision of K.S.A. 65-4908
  • addressing interaction between savings provision and statute of repose found in Kansas’s medical malpractice statute
  • addressing interaction between savings provision and statute of repose found in Kansas’s medical malpractice statute
  • saving statute “ ‘is intended to give a party who within the proper time brought an action which was disposed of otherwise than upon the merits after the statute of limitations had run [six months] of grace in which to reinstate his case and obtain a determination upon the merits’ ”
  • the Kansas savings statute also says the plaintiff may bring a \new\ cause of action, but the court nonetheless found it applicable to the statute of repose
  • “While there are differences between statutes of limitation and statutes of repose ... both types of statutes constitute time limitations on the plaintiffs right to recover”

Source: CourtListener parenthetical corpus (CC0).

Judges: Holmes, Six

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.