Collins v. Board of Douglas County Comm'rs

The opinion of the court was delivered by

Six, J.:

This is a tort claims act “failure to warn” personal injury case. The result in the trial court was summary judgment for both defendants.

Russell Howard Collins sued the Board of Douglas County Commissioners (the Board) and Douglas County (County) and Wakarusa Township (Township) for personal injuries resulting from his dive off a low-water bridge.

The issues for resolution require our interpretation of a bridge maintenance statute, K.S.A. 68-1104, and our analysis of the discretionary function and signing exceptions to the Kansas Tort Claims Act…