Wallace v. Sherwin Williams Co., Inc.

MEMORANDUM AND ORDER

EARL E. O’CONNOR, District Judge.

This matter is before the court on defendant Giant Corporation’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). In support of its motion, defendant states that the two-year statute of limitations of K.S.A. 60-513(a)(4) ran as of June 19,1988. Plaintiff's amended complaint, in which plaintiff named Giant Corporation as a defendant, was filed on June 23, 1988. Therefore, defendant Giant Corporation contends that plaintiff failed to file an action against it within the two-year statute of limitations, and that…