Whaley v. Sharp

The opinion of tlie court was delivered by

Biles, J.:

It is well established that anyone wishing to bring a lawsuit against a municipality under the Kansas Tort Claims, K.S.A. 75-6101 et seq., must give that municipality prior written notice of the claim. K.S.A. 2013 Supp. 12-105b(d); Sleeth v. Sedan City Hos*193pital, 298 Kan. 853, 317 P.3d 783 (2014); Continental Western Ins. Co. v. Shultz, 297 Kan. 769, 304 P.3d 1239 (2013). This case questions whether that statutory notice is required when the lawsuit is filed only against a municipal employee. We hold notice is not required. We reverse the…