· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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