Rodack v. State Highway Commission

Meyer, J.:

This case was brought by appellants for the wrongful death of their daughter in an automobile accident, against the Kansas State Highway Commission. Appellee’s motion to dismiss for failure to comply with a statutory notice requirement was sustained by the trial court.

Appellant states the sole issue is whether under the particular circumstances of this case, the appellee is equitably estopped from asserting the defense of failure to comply with a statutory provision of K.S.A. 68-419. The pertinent part of K.S.A. 68-419 is as follows:

“. . . [N]o such action shall be maintained unless…