Dunn v. City of Emporia

Bullock, J.:

This is an appeal from a judgment of the trial court dismissing plaintiff’s personal injury action on the grounds that it had not been commenced within the applicable statute of limitations. The material facts are undisputed.

On October 10, 1977, plaintiff, Robin R. Dunn, “stepped into a meter tile causing injuries to herself.” Thereafter, she filed a timely claim with the City of Emporia, which was denied.

On October 10, 1979, exactly two years after the incident, plaintiff filed a petition in the Lyon County District Court which was assigned case No. 79C602 (Dunn I). Paragraph one…