Thome v. City of Newton

The opinion of the court was delivered by

Holmes, J.:

Plaintiffs appeal from an order of the Harvey County District Court dismissing an action filed against the City of Newton. Dismissal of the case by the district court was based upon K.S.A. 1978 Supp. 46-902(b) and the doctrine of governmental immunity as it existed prior to our decision in Gorrell v. City of Parsons, 223 Kan. 645, 576 P.2d 616 (1978).

The relevant facts are brief. This action for damages and medical expenses arose out of injuries sustained on the 18th day of June, 1977, by plaintiff, Mary Lynn Thome, a minor, while playing…