Young v. Kansas State Park & Resources Authority

Swinehart, J.:

This is an appeal from a decision of the District Court of Shawnee County sustaining defendant’s motion for summary judgment in an action for damages.

Plaintiff raises two issues: (1) whether the plaintiff may maintain a cause of action against the defendant as a third-party beneficiary of a contract between defendant and the United States Army Corps of Engineers, and (2) whether K.S.A. 46-901, the former governmental immunity statute, is constitutional.

On June 22, 1975, the plaintiff Steven W. Young was camped with his family and friends in an area of Perry State Park directly…