Kuhn v. Schmidt

I concur in the decision affirming the judgment against Plaintiff Marie Kuhn on statute of limitations grounds, but I do so reluctantly. The judgment reflects the triumph of a true technicality that thwarted resolution of the legal dispute between Kuhn and Defendant Harold Schmidt on its merits. The result is all the more vexing because it rests on judicial gloss the appellate courts have placed on a statute enacted to prevent exactly what has happened in this case. This court manufactured the gloss in Grimmett v. Burke, 21 Kan. App. 2d 638, 647-48, 906 P.2d 156 (1995), rev. denied 259 Kan.…