Hendrix Ex Rel. Smith v. City of Topeka

The opinion of the court was delivered by

McFarland, J.:

The heirs and administrator of the estate of Harold Jermine Smith appeal the involuntary dismissal of their action which sought recovery for the wrongful death and injuries of the deceased. The basis of the dismissal was failure to state a cause of action upon which relief could be granted (K.S.A. 60-212[hj).

The petition filed herein alleges:

“9. That prior to December 30, 1978, plaintiffs’ deceased had been a patient at Topeka State Hospital. That on or about the 30th day of December, 1978, plaintiffs’ deceased requested admission to…