Law Review and Bar Journal References:

"Contorts for Busted Business Deals," F. James "Jim" Robinson, Jr., 72 J.K.B.A. No. 3, 24 (2003).

CASE ANNOTATIONS

1. Cited; held, district court did not err in sustaining a motion to dismiss plaintiff's petition seeking recovery of damages for personal injuries alleged to have been sustained from the Kansas turnpike authority's creation or maintenance of a nuisance. Woods v. Kansas Turnpike Authority, 205 Kan. 770, 773, 472 P.2d 219.

2. Mentioned in action against Kansas highway patrol and city of Salina in wrongful death action; recovery denied. Daniels v. Kansas Highway Patrol, 206 Kan. 710, 713, 482 P.2d 46.

3. Mentioned in holding doctrine of governmental immunity from tort liability applicable to exercise of police power by a police officer. Allen v. City of Ogden, 210 Kan. 136, 138, 499 P.2d 527.

4. Governmental immunity not extended to state or its agencies in actions arising from appropriation of property in construction of highways. Sanders v. State Highway Commission, 211 Kan. 776, 786, 787, 788, 508 P.2d 981.

5. State immunity under this statute mentioned; individual's liability discussed in action by prison inmates. Poindexter v. Woodson, 357 F. Supp. 443, 459.

6. Mentioned; action by nursing homes for recovery of reasonable charges for services rendered. Seneca Nursing Home v. Kansas State Bd. of Social Welf., 490 F.2d 1324, 1332.

7. Immunity does not extend to public officials acting outside scope of duties; summary judgment denied. Kern v. Miller, 216 Kan. 724, 725, 726, 727, 728, 533 P.2d 1244.

8. Where genuine issues of material fact in action sounding in both tort and contract, summary judgment improper. Brown v. Wichita State University, 217 Kan. 661, 663, 666, 538 P.2d 713. Affirmed: 219 Kan. 2, 4, 547 P.2d 1015.

9. Doctrine of governmental immunity unconstitutional; violation of due process, equal protection of laws and guarantees of bill of rights; liability for proprietary acts. Brown v. Wichita State University, 217 Kan. 279, 281, 284, 291, 294, 295, 296, 297, 300, 301, 303, 311, 312, 540 P.2d 66; 217 Kan. 661, 663, 666, 538 P.2d 713. Reversed and remanded on rehearing: 219 Kan. 2, 5, 7, 8, 9, 11, 14, 16, 21, 23, 24, 25, 27, 29, 30, 33, 34, 35, 36, 37, 39, 40, 547 P.2d 1015.

10. Action characterized as contract action sounded in tort; governmental immunity. Malone v. University of Kansas Medical Center, 220 Kan. 371, 372, 373, 374, 552 P.2d 885.

11. Section cited; county liable for the medical services rendered an injured prisoner. Mt. Carmel Medical Center v. Board of County Commissioners, 1 Kan. App. 2d 374, 377, 566 P.2d 384.

12. Athletic Council is an instrumentality of Kansas State University and is immune from liability for negligence. Shriver v. Athletic Council of KSU, 222 Kan. 216, 217, 219, 564 P.2d 451.

13. Opinion of court upholding constitutionality of act adhered to. Whitmire v. Jewell, 223 Kan. 67, 68, 71, 573 P.2d 573.

14. Referred to; doctrine of governmental immunity for negligent acts of municipal officers and employees performing governmental functions abolished. Gorrell v. City of Parsons, 223 Kan. 645, 649, 576 P.2d 616.

15. Construction referred to in holding requirements of statute as to notice, not satisfied in action under K.S.A. 68-419. Rodack v. State Highway Comm'n, 2 Kan. App. 2d 535, 537, 583 P.2d 1035.

16. Section cited; in personal injury action for damages court held "highway defect" statute (K.S.A. 68-301) constitutional. Auberton v. Board of Cty. Com'rs of Woodson Cty., 588 F.2d 781, 782.

17. Construed to include Kansas turnpike authority but held unconstitutional when applied to highway defects upon Kansas turnpike. Flax v. Kansas Turnpike Authority, 226 Kan. 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 19, 596 P.2d 446.

18. Court in eliminating parent-child immunity in cases involving operation of motor vehicle has created legal rights where none previously existed (dissenting opinion). Nocktonick v. Nocktonick, 227 Kan. 758, 778, 611 P.2d 135.

19. Board of State Fair Managers immune from tort liability regardless of whether Fair is governmental or proprietary activity. Brown v. Board of State Fair Managers, 6 Kan. App. 2d 40, 41, 626 P.2d 812.

20. Constitutionality of statutes upheld; bars plaintiff's action alleging negligence and breach of contract. Young v. Kansas State Park and Resources Authority, 6 Kan. App. 2d 220, 221, 224, 225, 226, 627 P.2d 384.

21. Claim of wrongful conversion for collection of unconstitutional assessments. Wheat v. Finney, 230 Kan. 217, 219, 220, 630 P.2d 1160 (1981).

22. Applicable to death prior to July 1, 1979; not violative of equal protection. Hendrix v. City of Topeka, 231 Kan. 113, 114, 115, 117, 643 P.2d 129 (1982).

23. Tort claim not permitted against secretary of transportation on 1975, 1976 conduct. Bowen v. City of Kansas City, 231 Kan. 450, 455, 646 P.2d 484 (1982).

24. Statutes did not apply, but city had common-law duty to keep its streets reasonably safe. Schmeck v. City of Shawnee, 232 Kan. 11, 19, 651 P.2d 585 (1982).

25. Applied in upholding trial court's order of summary judgment for Kansas state park and resources authority in action involving capsizing of Whippoorwill Showboat. Griffin v. Rogers, 232 Kan. 168, 172, 173, 174, 653 P.2d 463 (1982).

26. Staff doctors at state institution had no legal immunity from civil liability for negligent release of patient in 1974. Durflinger v. Artiles, 234 Kan. 484, 500, 506, 673 P.2d 86 (1983).

27. Staff doctors of state institution not immune from civil liability for negligent release of patient prior to tort claims act. Durflinger v. Artiles, 727 F.2d 888, 907 911, (1984).

28. Discussed; governmental entity or employee liable under K.S.A. 75-6104 for acts or omissions involving more than lack of ordinary care and diligence. Hopkins v. State, 237 Kan. 601, 609, 611, 702 P.2d 311 (1985).