Gessner v. Phillips County Commissioners

The opinion of the court was delivered by

Larson, J.:

This appeal raises the question of whether injured parties can fail within the applicable statute of limitations period to make a proper claim against a municipality pursuant to K.S.A. 12-105b, but have this failure cured by the application of the savings statute, K.S.A. 60-518. We hold that they may not.

The three separate consolidated actions involved in this appeal arise out of an automobile accident occurring in Graham County, wherein the vehicle in which the appellants (Elizabeth Gessner, Deborah Dabney, and Alice Smith) were occupying…