Bird v. Kansas Department of Transportation

ROYSE, J.:

This is a wrongful death action arising out of the death of Judy K. Bird in a one-vehicle accident. Dr. Galen D. Bird and Linda Bird, parents of the decedent, appeal the order of the district court dismissing their action as barred by both the statute of limitations and the Kansas Tort Claims Act.

The first issue on appeal is whether the Birds obtained timely service of process on the Secretary of Transportation. Resolution of this issue requires interpretation of statutes regarding service of process and commencement of an action. Interpretation of a statute is a question of law,…