Berry v. National Medical Services, Inc.

McAnany, J.:

This case comes to us following the district court’s dismissal of plaintiff s amended petition for failure to state an actionable claim for either negligence or violation of the Kansas Consumer Protection Act. Resolution of the negligence claim turns on whether the defendants owed a duty to plaintiff under the facts alleged. Resolution of the Kansas Consumer Protection Act claim turns on whether plaintiff s claim is barred either because the action was not commenced within the period of the applicable statute of limitations or because plaintiff was not a party to any consumer…