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60-513. Actions limited to two years. (a) The following actions shall be brought within two years:

(1) An action for trespass upon real property.

(2) An action for taking, detaining or injuring personal property, including actions for the specific recovery thereof.

(3) An action for relief on the ground of fraud, but the cause of action shall not be deemed to have accrued until the fraud is discovered.

(4) An action for injury to the rights of another, not arising on contract, and not herein enumerated.

(5) An action for wrongful death.

(6) An action to recover for an ionizing radiation injury as provided in K.S.A. 60-513a, 60-513b and 60-513c, and amendments thereto.

(7) An action arising out of the rendering of or failure to render professional services by a health care provider, not arising on contract.

(b) Except as provided in subsections (c) and (d), the causes of action listed in subsection (a) shall not be deemed to have accrued until the act giving rise to the cause of action first causes substantial injury, or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall an action be commenced more than 10 years beyond the time of the act giving rise to the cause of action.

(c) A cause of action arising out of the rendering of or the failure to render professional services by a health care provider shall be deemed to have accrued at the time of the occurrence of the act giving rise to the cause of action, unless the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall such an action be commenced more than four years beyond the time of the act giving rise to the cause of action.

(d) A negligence cause of action by a corporation or association against an officer or director of the corporation or association shall not be deemed to have accrued until the act giving rise to the cause of action first causes substantial injury, or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall such an action be commenced more than five years beyond the time of the act giving rise to the cause of action. All other causes of action by a corporation or association against an officer or director of the corporation or association shall not be deemed to have accrued until the act giving rise to the cause of action first causes substantial injury and there exists a disinterested majority of nonculpable directors of the corporation or association, or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable and there exists a disinterested majority of nonculpable directors of the corporation or association, but in no event shall such an action be commenced more than 10 years beyond the time of the act giving rise to the cause of action. For purposes of this subsection, the term "negligence cause of action" shall not include a cause of action seeking monetary damages for any breach of the officer's or director's duty of loyalty to the corporation or association, for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, for liability under K.S.A. 17-5812, 17-6410, 17-6423, 17-6424 or 17-6603 and amendments thereto, or for any transaction from which the officer or director derived an improper personal benefit.

(e) The provisions of this section as it was constituted prior to July 1, 1996, shall continue in force and effect for a period of two years from that date with respect to any act giving rise to a cause of action occurring prior to that date.

History: L. 1963, ch. 303, 60-513; L. 1968, ch. 6, § 1; L. 1976, ch. 254, § 1; L. 1987, ch. 222, § 1; L. 1996, ch. 127, § 1; July 1.

Source or prior law:

G.S. 1868, ch. 80, §§ 18, 422; L. 1897, ch. 91, § 1; L. 1909, ch. 182, §§ 17, 419; R.S. 1923, 60-306 (3rd clause), 60-3203; L. 1939, ch. 233, § 2; L. 1947, ch. 319, § 1.

Law Review and Bar Journal References:

"Highlights of the Kansas Code of Civil Procedure (1963)," Spencer A. Gard, 2 W.L.J. 199, 203 (1962).

G.S. 60-306(2), (3); survey of law of contracts, Fred N. Six, 12 K.L.R. 169 (1963).

"Unlicensed Foreign Corporations," Russell D. Jacobson, 12 K.L.R. 49, 62 (1963).

"Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 76 (1963).

1963-65 survey of civil practice, Earl B. Shurtz, 14 K.L.R. 171, 176 (1965).

Applicability to cause of action based on traumatic cancer, Jerry G. Elliott, 13 K.L.R. 79, 91 (1964).

Note on the effect of statutes of limitations on implied warranty actions, Larry K. Meeker, 5 W.L.J. 62, 65, 72, 73 (1965).

1963-65 survey of law of torts, William A. Kelly, 14 K.L.R. 377, 388 (1965).

Survey of Kansas nonresident estate administration discusses expanded statute of limitations, Richard C. Harris, 17 K.L.R. 325, 328, 329 (1969).

Comment on creditor's remedies under civil procedure code in case of fraudulent conveyance. Charles L. Frickey, 17 K.L.R. 501, 506, 510, 511 (1969).

Survey of Kansas commercial law (1965-1969), 18 K.L.R. 388, 393 (1970).

Subsection (4) cited in a comment on the recourse of an innocent bystander in defective product cases, John B. Roesler, 19 K.L.R. 251, 259 (1971).

Comment concerning time cause of action accrues in medical malpractice suit, Steve Massoni, 12 W.L.J. 87 (1972).

Applicability of section to trespass actions involving flooding of land, Jerry L. Bean, 19 K.L.R. 597, 604 (1971).

Period of limitation discussed in regard to negligent acts in survey of Kansas tort law, 21 K.L.R. 117, 124 (1972).

"Beefing Up Product Warranties: A New Dimension In Consumer Protection," Barkley Clark, Michael J. Davis, 23 K.L.R. 567, 603, 606 (1975).

Strict liability in tort as adopted in Kansas, 25 K.L.R. 462, 469, 476 (1977).

"Medical Malpractice 1976: An Update on Change," Lee J. Dunn, Jr., 45 J.B.A.K. 173, 178 (1976).

"Recent Legislation: The Kansas Approach to Medical Malpractice," Nancy Neal Scherer and Robert P. Scherer, 16 W.L.J. 395, 413, 414 (1977).

Applicable to violations of 44-1015 to 44-1029 (Fair Housing Law), 26 K.L.R. 255, 270 (1978).

Wrongful Death Act, Jeraldine B. Davis, 27 K.L.R. 141, 142 (1978).

"Kansas Water Rights: More Recent Development," Arno Windscheffel, 47 J.B.A.K. 217, 219 (1978).

"Survey of Kansas Law: Insurance," Charles H. Oldfather, Jr., 27 K.L.R. 255, 266 (1979).

"Survey of Kansas Law: Torts," William Edward Westerbeke, 27 K.L.R. 321, 352 (1979).

"Comparative Fault and Strict Products Liability in Kansas: Reflections on the Distinction Between Initial Liability and Ultimate Loss Allocation," William Edward Westerbeke and Hal D. Meltzer, 28 K.L.R. 25, 96 (1979).

"A Practitioner's Guide to the Kansas Tort Claims Act," Jerry R. Palmer, 48 J.B.A.K. 299, 303 (1979).

"Governmental Liability: The Kansas Tort Claims Act [or The King Can Do Wrong]," John A. Hageman and Lee A. Johnson, 19 W.L.J. 260, 281 (1980).

"Civil Procedure: Tolling the Statute of Limitations in Diversity Actions," Carol Gilliam Green, 19 W.L.J. 330, 336 (1980).

"Statutes of Limitations and Rationality in the Conflict of Laws," James A. Martin, 19 W.L.J. 405, 406 (1980).

"Countersuit: A Viable Alternative for the Wrongfully Sued Physcian?" Stephen W. Cavanaugh, 19 W.L.J. 450, 462 (1980).

"Strict Liability in Tort: Is It Applicable to Design Defects?" Orvel B. Mason, 20 W.L.J. 600, 612 (1981).

"The Kansas Tort Claims Act and School Districts," Susan C. Jacobson, 28 K.L.R. 619, 623 (1980).

"School Liability for Athletic Injuries: Duty, Causation and Defense," James D. Harty, 21 W.L.J. 315, 337 (1982).

"Attorney's Liability to Third Parties for Malpractice: The Growing Acceptance of Liability in the Absence of Privity," Barbara L. Walker, 21 W.L.J. 48, 67 (1981).

"Survey of Kansas Law: Torts," 29 K.L.R. 581, 586, (1981).

"Medical Malpractice—The Kansas Law," Wayne T. Stratton, J.D., 81 J.K.M.S. 505, 508, (1980).

"Not Only Can The King Do Wrong, But When He Does, He's Probably Liable," Jerry R. Palmer, 2 J.K.T.L.A. No. 7, 24, 25 (1979).

"K.S.A. 60-513(b): Application of the Ten Year Clause to DES and Latent Disease Negligence Causes of Action," Kari Schmidt, 6 J.K.T.L.A. No. 3, 7, 8, 9, 10 (1982).

"Recent Developments in Kansas Insurance Law: A Survey, Some Analysis, and Some Suggestions," Robert H. Jerry II, 32 K.L.R. 287, 290, 338 (1984).

"Recent Development in Kansas Civil Procedure," E. Elinor P. Schroeder, 32 K.L.R. 515, 529 (1984).

"Medical Malpractice Legislation: The Kansas Response to the Medical Malpractice Crisis," Karen Wedel and Jerome Weber, 23 W.L.J. 566, 569, 587, 589, 590, 591 (1984).

"Some Observations on the Kansas Product Liability Act (Part I)," William Edward Westerbeke, 53 J.K.B.A. 296 (1984).

"Federal Court Opinion Digest—Civil Rights—§ 1983 and §1985(3)," Susan Smith, 53 J.K.B.A. 310 (1984).

"Federal Court Opinion Digest—Water Pollution—Abatable Nuisance," Susan Smith, 53 J.K.B.A. 310 (1984).

"Practical and Constitutional Challenges to the 1985 Kansas Medical Malpractice Legislation," Edward J. Guiducci and Keith L. Mark, 25 W.L.J. 304, 318 (1986).

"Agricultural Credit and The Uniform Commercial Code: A Need for Change?" Keith G. Meyer, 34 K.L.R. 469, 487 (1986).

"Is Kansas Probate Non Claim Statute Unconstitutional?" John F. Kuether, 54 J.K.B.A. 115, 121, 129 (1985).

"A Guide to Kansas Common Law Actions Against Industrial Pollution Sources," Robert L. Glicksman, 33 K.L.R. 621, 653, 658, 663 (1985).

"Groundwater Pollution I: The Problem and the Law," Robert L. Glicksman, George Cameron Coggins, 35 K.L.R. 75, 189 (1986).

"The Role of Private Litigation in Protecting Against Groundwater Pollution," H. Lee Turner, 35 K.L.R. 443, 451, 457 (1987).

"Tolling the Statute of Limitations in Medical Negligence Cases," Dwight Corrin, 11 J.K.T.L.A. No. 4, 7 (1988).

"From Schreiber to Sun Oil; Having your Cake and Eating It too," Dan Lykins, 12 J.K.T.L.A. No. 2, p. 17 (1988).

"From the Capitol," Dennis Clyde, 12 J.K.T.L.A., No. 5, p. 4 (1989).

"In Search of the 'Paradigmatic Wrong?': Selecting a Limitations Period for Section 1983," Julie A. Davies, 36 K.L.R. 133 (1987).

"Malpractice '87: Status and Solutions," M. Martin Halley, M.D., J.D., 88, No. 9, Kan.Med. 261, 263, 264 (1987).

"Survey of Kansas Tort Law," William E. Westerbeke and Reginald L. Robinson, 37 K.L.R. 1005, 1049 (1989).

"Toxic Torts and Latent Diseases: The Case for an Increased Risk Cause of Action", Gregory L. Ash, 38 K.L.R. 1087, 1095 (1990).

"From the Capitol," Tim Alvarez, J.K.T.L.A., Vol. XIII, No. 3, 4 (1990).

"Sorry, This Courthouse Is Closed," Dan L. Walz, J.K.T.L.A., Vol. XIII, No. 3, 21, 22 (1990).

"Forum Shopping may result in a Favorable Statute of Limitations," Paul H. Hulsey, XIII J.K.T.L.A. No. 6, 8 (1990).

"Give a Kid a Chance," Michael D. Hepperly, Vol. XIV, No. 1, J.K.T.L.A., 12 (1990).

"Pitfalls on the Road to Salvation: The Kansas Saving Statute," Steven C. Day, 59 J.K.B.A. No. 8, 19, 20 (1990).

"The Medical Malpractice Insurance 'Crisis': Did Kansas Tort Reform Really Work?" Bryan W. Smith, 31 W.L.J. 106, 113, 114 (1991).

"Money Left on the Table," Gerald W. Scott, J.K.T.L.A. Vol. XV, No. 2, 9 (1991).

"New Federalism, Old Due Process, and Retroactive Revival: Constitutional Problems with CERCLA's Amendment of State Law," Alfred R. Light, 40 K.L.R. 365, 396 (1992).

"Professional Negligence," Eugene B. Ralston, J.K.T.L.A. Vol. XVI, No. 1, 12 (1992).

"Avoiding Pitfalls in the Preparation of inter vivos Trusts: Lessons from Jarvis v. Jarvis , " Larry G. Michel, 62 J.K.B.A. No. 3, 26, 28, 29 (1993).

"The Latest Twists and Turns in the Statute of Limitations Applied to Occult Injuries and Latent Disease," Arden J. Bradshaw, J.K.T.L.A. Vol. XVI, No. 3, 12, 13 (1993).

"Time Limitations in the Kansas Products Liability Act: Harding v. K.C. Wall Products and Its Progeny," John T. Houston, 42 K.L.R. 481 (1994).

"An Analysis of the Latent Disease Statute of Limitation," Paul H. Hulsey, J.K.T.L.A. Vol. XVII, No. 3, 6, 7 (1994).

"Kansas' Statutes of Repose: The Unwarranted Dichotomy," Mark A. Furney, J.K.T.L.A. Vol. XVIII, No. 3, 12, 19 (1995).

"Re-Examining CERCLA Section 309: Federal Preemption of State Limitations Periods," Van R. Delhotal, 34 W.L.J. 415, 438, 453, 455, 457 (1995).

"Civic Duty and Civic Risk: The Supreme Court Throws the Balance Out of Whack," C. A. Beier, 34 W.L.J. 495, 496, 498, 499 (1995).

"Civil Procedure: The Kansas Savings Statute Revives a Timely Filed Cause of Action, Despite the Passing of the Statute of Limitations [See v. Hartley, 896 P.2d 1049 (Kan. 1995)]," Michelle M. Sehee, 35 W.L.J. 346 (1996).

"Tort Law: Wrongful Death—Statute of Limitations Begins to Run at Time of Death, Unless Death or Negligence Concealed or Misrepresented [Davidson v. Denning, 914 P.2d 936 (Kan. 1996)]," Peter J. Vanderwarker, 36 W.L.J. 339 (1997).

"Statutes of Limitation, Statutes of Repose and Continuing Duties under the Kansas Product Liability Act," Steve R. Fabert, 36 W.L.J. 367 (1997).

"Refusing to Visit the Sins of the Father upon the Daughter: An Interpretation of the Kansas Slayer Statute," Anthony Martin Singer, 37 W.L.J. 229 (1997).

"Too Much of a Good Thing: Kansas Law on Unwanted Water," Robert W. Coykendall, 66 J.K.B.A. No. 7, 24 (1997).

"Is Your Lawsuit Properly Commenced?" Bryan W. Smith, J.K.T.L.A. Vol. XXI, No. 1, 19 (1997).

"Public Motor Carriers, Negligence Per Se and Attorneys Fees Too," Robert G. Herndon, J.K.T.L.A. Vol. XXI, No. 6, 9 (1998).

"Flooding of Private Property by the Construction of a Public Improvement: Isn't It Time for Kansas to Call It What It Really Is—A Compensable Taking?" Nicole M. Zomberg, 38 W.L.J. 209 (1998).

"The potential civil liability of law enforcement officers and agencies," Stephen R. McAllister and Peyton H. Robinson, 67 J.K.B.A. No. 7, 14 (1998).

"Caveat plaintiff: Congress has defederalized private securities litigation," Steven A. Ramirez, 67 J.K.B.A. No. 9, 16 (1998).

"Adventures in Topsy-Turvy Land: Are Civil Rights Claims Arising Under 42 U.S.C. § 1981 Governed by the Federal Four-Year "Catch-All" Statute of Limitations, 28 U.S.C. § 1658?" Boyd A. Byers, 38 W.L.J. 509 (1999).

"The Kansas Uniform Fraudulent Transfer Act," Leon B. Graves, 68 J.K.B.A. No. 6, 34 (1999).

"Citizenship: A Discussion of Environmental Citizen Suits," Charles C. Steincamp, 39 W.L.J. 72 (1999).

"Dental Malpractice: A Description and Models of Negligence," Jack Peggs, J.K.T.L.A. Vol. XXIII, No. 2, 6 (1999).

"Survey of Kansas Tort Law: Part I," William E. Westerbeke and Stephen R. McAllister, 49 K.L.R. 1037 (2001).

"Survey of Kansas Tort Law: Part II," William E. Westerbeke, 50 K.L.R. 225 (2002).

"Legal Malpractice in Kansas: Principles and Examples," Monte Vines, 72 J.K.B.A. No. 10, 16, 22 (2003).

"The Immunity Provisions in the Kansas Tort Claims Act: The First Twenty-Five Years," William E. Westerbeke, 52 K.L.R. 939 (2004).

"A Criminal Defendant's Inability to Sue His Lawyer for Malpractice: The Other Side of the Exoneration Rule [Canaan v. Bartee, 72 P.3d 911 (Kan. 2003)]," Amy L. Leisinger, 44 W.L.J. 693 (2005).

"Damage to Real Property: The Lay of the Land," Arthur E. Rhodes, 75 J.K.B.A. No. 9, 6 (2006).

"Kansas Product Liability Law," Patrick A. Hamilton, J.K.T.L.A. Vol. 30, No. 6, 8 (2007).

Kansas Employment Law Survey, Elinor P. Schroeder, Pamela V. Keller, 55 K.L.R. 887 (2007).

"Child Victim, Adult Plaintiff: How Kansas Attorney-Client Privilege Law Can Harm Teens and Their Parents," Michael T. Crabb, 18 Kan. J.L. & Pub. Pol'y, No. 1, 73 (2008).

"Prosecuting and Defending Product Liability Cases: A View from Both Sides of the Aisle," Patrick A. Hamilton, 33 J.K.A.J., No. 6, 6 (2010).

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-306 (3rd clause), 60-3203 and the 1961 Supp. thereto.

1. Soldiers' and Sailors' Civil Relief Act tolls statute of limitations; fact defendant might have been served immaterial. Jones v. Garrett, 192 K. 109, 116, 386 P.2d 194.

2. Inapplicable to suit for demurrage charges under 66-101 et seq. Missouri-Kansas-Texas Rld. Co. v. Standard Industries, Inc., 192 K. 381, 383, 388 P.2d 632.

3. Defendant's repeated requests for time to settle claim held to toll statute of limitations. Farmers Mutual Automobile Ins. Co. v. Dealers Auto Transport, 192 K. 678, 680, 681, 391 P.2d 307.

4. Statute begins from time of conversion by innocent purchaser, not time true owner discovers identity. Christensen v. Garden City Cooperative, 192 K. 785, 787, 790, 391 P.2d 81.

5. Allegations of fraud in a petition held not an action based upon fraud. King v. Robbins, 193 K. 70, 73, 392 P.2d 154.

6. Flood damage of a continuing and recurrent nature; limitation starts to run with each new injury. Simon v. Neises, 193 K. 343, 348, 395 P.2d 308.

7. A malpractice case is based on negligence. Hill v. Hays, 193 K. 453, 456, 395 P.2d 298.

8. Petition filed against one party cannot be amended after running of statute of limitations to name new party. Skeen v. Sisters of St. Joseph, 194 K. 212, 213, 398 P.2d 587.

9. Action based on fraudulent sale of securities in Kansas governed by two-year statute of limitations. Trussell v. United Underwriters, Ltd., 236 F.Supp. 801, 803.

10. Bars cross claim not used as setoff. Rochester American Ins. Co. v. Cassell Truck Lines, 195 K. 51, 53, 402 P.2d 782.

11. Action barred hereunder; summary judgment. Hartman v. Stumbo, 195 K. 634, 635, 636, 637, 408 P.2d 693.

12. Action based upon fraud; time of accrual. City of Ulysses v. Neidert, 196 K. 169, 171, 172, 409 P.2d 800.

13. Statute not applicable in suit by payee against collecting bank on forged endorsement. Mackey-Woodard, Inc. v. Citizens State Bank, 197 K. 536, 537, 538, 419 P.2d 847.

14. Nonclaim statute (59-2239), is statute of limitations controlling claims existing at date of tortfeasor's death. In re Estate of Wood, 198 K. 313, 314, 315, 424 P.2d 528.

15. In personal injury action two-year period under former law began when injury occurred. Sterling Drug, Inc. v. Cornish, 370 F.2d 82, 83, 86.

16. Subsection (3) applied in quiet title action. Martin v. Martin, 200 K. 60, 63, 434 P.2d 833.

17. Held not applicable in overruling trial court's dismissal of action for failure to state claim upon which relief may be granted. Thompson v. Phillips Pipe Line Co., 200 K. 669, 672, 438 P.2d 146.

18. Action for damages for conversion of driveflange not barred by statute. Matkin v. Holmes, 201 K. 536, 537, 442 P.2d 2.

19. Action for damages for alleged pollution of water supply commenced within time; accrual. Augustine v. Hinnen, 201 K. 710, 712, 443 P.2d 354.

20. Petition filed under 60-215 after statute has run cannot be amended to name new party. Schmidt v. Nauman, 202 K. 131, 132, 446 P.2d 828.

21. Limitation imposed by subpart (3) applies to equitable proceedings founded on fraud, including actions for reformation. Goforth v. Franklin Life Ins. Co., 202 K. 413, 427, 449 P.2d 477.

22. Disability of infancy in respect to running of statute of limitations not affected by person's marriage after cause of action arises and before reaching 21. Edmonds v. Union Pacific Railroad Company, 294 F.Supp. 1311, 1312, 1313.

23. Timeliness of filing tort action compared with that of action on contract; discussed in relationship to 60-511 and 60-512. Freeto Construction Co. v. American Hoist & Derrick Co., 203 K. 741, 745, 457 P.2d 1.

24. Question of when disabling disease and its cause became manifest or when it was reasonably ascertainable was for jury determination. Miller v. Beech Aircraft Corporation, 204 K. 184, 185, 188, 189, 460 P.2d 535.

25. Action by husband for medical expenses of wife not barred. Kelley v. Lee, 204 K. 317, 319, 461 P.2d 806.

26. Section applicable to action against city for damages resulting from overflow of surface waters occasioned by city. Welch v. City of Kansas City, 204 K. 765, 768, 769, 465 P.2d 951.

27. Cited by defendant in case concerning dismissal of actions. Gideon v. Bo-Mar Homes, Inc., 205 K. 321, 323, 469 P.2d 272.

28. Where conflict exists as to when a cause of action is deemed to have occurred, the matter becomes an issue for determination by the trier of fact. George v. W-G Fertilizer, Inc., 205 K. 360, 366, 469 P.2d 459.

29. Action for an accounting for a share of oil produced; recovery barred. Yeager v. National Cooperative Refinery Ass'n, 205 K. 504, 508, 470 P.2d 797.

30. Equitable action for an accounting; corresponding legal remedy extant; recovery barred by statute of limitations. Yeager v. National Cooperative Refinery Ass'n, 205 K. 504, 508, 470 P.2d 797.

31. Cited; case concerning denial of motion to amend pleadings. Stehlik, Executor v. Weaver, 206 K. 629, 637, 482 P.2d 21.

32. Mentioned in relation to 60-515. Gifford v. Saunders, 207 K. 360, 361, 485 P.2d 195.

33. Statute of limitations had run before jurisdiction legally obtained over person of defendant. Haley v. Hershberger, 207 K. 459, 460, 485 P.2d 1321.

34. Cross-claim asserted as a setoff in an action on injunction bond barred by statute of limitation. Tobin Construction Co. v. Holtzman, 207 K. 525, 533, 534, 485 P.2d 1276.

35. Continuous treatment or physician-patient relationship rule not applicable in tolling statute. Hecht v. First National Bank & Trust Co., 208 K. 84, 94, 490 P.2d 649.

36. Where evidence is conflicting as to commencement of running of statute it becomes question for jury to decide. Hecht v. First National Bank & Trust Co., 208 K. 84, 85, 89, 93, 490 P.2d 649.

37. Cited; action timely commenced. Jay-Ox, Inc. v. Square Deal Junk Co., Inc., 208 K. 856, 857, 494 P.2d 1103.

38. Cited; in action against third-party tort-feasor running of statute not tolled during time claim for workmen's compensation is pending. Lucas v. Mobil Oil Corporation, 331 F.Supp. 957, 959.

39. Federal rule governs time of commencement of action in federal court for purpose of computing running of statute of limitations. Chappell v. Rouch, 448 F.2d 446, 449.

40. Construed; plaintiff could not avoid the effects of the two-year statute of limitations in a malpractice action. Seymour v. Lofgreen, 209 K. 72, 75, 76, 79, 495 P.2d 969.

41. Subsection (3) cited; actions for fraud properly commenced. Letzig v. Rupert, Executor, 209 K. 143 148, 495 P.2d 955.

42. In an action for misappropriation of trade secret, statute of limitations commences to run at time first adverse use is reasonably ascertainable. Lockridge v. Tweco Products, Inc., 209 K. 389, 392, 497 P.2d 131.

43. Cited; action in tort; held, statute of limitations not controlling. Keith v. Schiefen-Stockham Insurance Agency, Inc., 209 K. 537, 543, 498 P.2d 265.

44. In diversity action failure to use exact language in special interrogatories was not prejudicial. Brauer v. Republic Steel Corporation, 460 F.2d 801.

45. Two-year limitation not controlling in damage action against attorney for failure to file timely appeal. Juhnke v. Hess, 211 K. 438, 439, 506 P.2d 1142.

46. Ten-year limitation period not applicable to actions based on fraud; action for repudiation of trust not barred. Jennings v. Jennings, 211 K. 515, 523, 526, 527, 507 P.2d 241.

47. Action for fraudulent concealment in real estate transfer brought four years after transfer barred. Griffith v. Byers Construction Co., 212 K. 65, 74, 510 P.2d 198.

48. Subsection (4) barred recovery for permanent damages to land from flooding caused by county bridge work. Thierer v. Board of County Commissioners, 212 K. 571, 573, 574, 575, 512 P.2d 343.

49. Mentioned; action for rescission of two life insurance contracts filed in adequate time after discovery of fraud. Dreiling v. Home State Life Ins. Co., 213 K. 137, 147, 515 P.2d 757.

50. Statute not available as defense in negligence action where not plead by defendants or bar shown on face of petition. Washington Avenue Investments, Inc. v. City of Kansas City, 213 K. 269, 515 P.2d 744.

51. Construed and applied; tort action held commenced within two-year period; ten-year period application. Ruthrauff, Administratrix v. Kensinger, 214 K. 185, 186, 187, 189, 190, 191, 192, 519 P.2d 661.

52. Alleged breach of bailment contract; action limited by 60-512, rather than this section. Continental Ins. Co. v. Windle, 214 K. 468, 469, 472, 520 P.2d 1235.

53. Alleged cause of action for fraud barred; attack upon adoption decree; 60-260 applied. Jones v. Jones, 215 K. 102, 108, 110, 523 P.2d 743.

54. Statute of limitations no bar to action for fraud and breach of oral contract; sufficient evidence for jury. Wolf v. Brungardt, 215 K. 272, 280, 281, 524 P.2d 726.

55. Applied; action for damages to bridge by highway commission not barred by provision of subsection (4); 60-521 applied. State Highway Commission v. Steele, 215 K. 837, 838, 528 P.2d 1242.

56. Subsection (4) barred recovery; summary judgment proper; defense of incomplete discovery not persuasive. Johnston v. Farmers Alliance Mutual Ins. Co., 218 K. 543, 544, 546, 545 P.2d 312.

57. Subsection (4) barred recovery; cause of action accrued when right to first maintain legal action arose. Johnston v. Farmers Alliance Mutual Ins. Co., 218 K. 543, 547, 548, 545 P.2d 312.

58. Mentioned; conflicts principles discussed; suit characterized as tort action; forum's statute applied. Forsyth v. Cessna Aircraft Company, 520 F.2d 608, 613.

59. Action based on tort barred hereunder; new action based on contract allowed; 60-208 and 60-218 construed. Griffith v. Stout Remodeling, Inc., 219 K. 408, 410, 548 P.2d 1238.

60. Section 66-1,128 held remedial, not substantive; subsection (4) applicable. Kirtland v. Tri-State Insurance Co., 220 K. 631, 632, 556 P.2d 199.

61. Action on bond to recover moneys misappropriated by county treasurer; accrued at end of each term; 60-512 applied. State, ex rel. v. Masterson, 221 K. 540, 542, 543, 548, 549, 561 P.2d 796.

62. Kansas statute did not bar action brought in Mississippi against resident creditors of defendant although action accrued in Kansas; statute procedural. Steele v. G. D. Searle and Co., 422 F.Supp. 560, 561.

63. Statute of limitations of this section compared to 40-2209. Goff v. Aetna Life and Casualty Co., Inc., 1 K.A.2d 171, 176, 563 P.2d 1073.

64. Minor children not barred by section even though mother barred. Frost v. Hardin, 1 K.A.2d 464, 465, 571 P.2d 11.

65. Section cited; 60-206 applicable; private contract between parties; equitable principles intervene (dissenting opinion). Barnes v. Gideon, 1 K.A.2d 517, 523, 524, 571 P.2d 42.

66. Gravamen of action against attorneys was for breach of legal duty; tort action; barred. Chavez, Executrix v. Saums, 1 K.A.2d 564, 565, 567, 571 P.2d 62.

67. Under stipulated facts injuries sustained from flooding of farmland within two years of commencement of action; not barred. Dougan v. Rossville Drainage District, 2 K.A.2d 125, 127, 575 P.2d 1316.

68. Statute of limitations hereunder does not run against state when action arises out of governmental function. State, ex rel. Schneider v. McAfee, 2 K.A.2d 274, 275, 578 P.2d 281.

69. Where cause of actions is predicated on numerous acts, it accrues with each act. Cordon v. Trans World Airlines, Inc., 442 F.Supp. 1064, 1066.

70. Cause of action accrues at time that one party has right to sue another for damages suffered. Cordon v. Trans World Airlines, Inc., 442 F.Supp. 1064, 1066.

71. Under subsection (a)(4) two year statute of limitations applies to "false light privacy claim"; action timely filed. Rinsley v. Brandt, 446 F.Supp. 850, 858.

72. In products liability action brought by Kansas resident against Delaware corporation in a Mississippi court, Kansas statute of limitations would apply. Schreiber v. Allis-Chalmers Corp., 448 F.Supp. 1079, 1101. Reversed: 611 F.2d 790.

73. Cited; no res judicata effect on plaintiff's motion to dismiss when it is not dismissed with prejudice. Greenlee v. Goodyear Tire & Rubber Co., 572 F.2d 273, 275.

74. Negligence claim barred hereunder. Belger Cartage Serv., Inc. v. Holland Construction Company, 224 K. 320, 332, 582 P.2d 1111.

75. Granting partial summary on claims barred by statute not error. Yunghans v. O'Toole, 224 K. 553, 555, 581 P.2d 393.

76. Action based on oral contract of employment subject to 60-512(1); dismissal motion denied. Head v. Knopp, 225 K. 45, 46, 587 P.2d 867.

77. Order dismissing tort action for failure to "exhibit demand" within statutory periods upheld; claim barred under statutes of limitations. Gatewood v. Bosch, 2 K.A.2d 474, 476, 581 P.2d 1198.

78. Subsection (a)(4) applied; action for injunction for temporary injury under 24-105 not barred. Clawson v. Garrison, 3 K.A.2d 188, 198, 592 P.2d 117.

79. Section applied in action for damages arising from commodity futures transactions; period commences to run when plaintiff should have discovered injury. Jones v. B.C. Christopher & Co., 466 F.Supp. 213.

80. Applied in action by insurer to recover PIP benefits paid. Farmers Ins. Co. v. Farm Bureau Mut. Ins. Co., 227 K. 533, 537, 539, 540, 608 P.2d 923.

81. Action for breach of implied warranty barred; statute of limitations not tolled. Friends University v. W. R. Grace & Co., 227 K. 559, 561, 608 P.2d 936.

82. Action under automobile injury reparations act barred by statute of limitations. Dinesen v. Towle, 3 K.A.2d 505, 507, 597 P.2d 264.

83. Action not commenced until filing and service. Davila v. Vanderberg, 4 K.A.2d 586, 588, 608 P.2d 1388.

84. Medical malpractice suit not commenced within provisions of 60-203 barred by two-year statute of limitations. Bray v. Bayles, 4 K.A.2d 596, 609 P.2d 1146. Reversed in part on other grounds: 228 K. 481, 618 P.2d 807.

85. Defendant's mere absence from state did not toll statute of limitations. Gideon v. Gates, 5 K.A.2d 23, 24, 25, 28, 611 P.2d 166.

86. Discussed in opinion adopting a form of comparative implied indemnity between joint tort-feasors. Kennedy v. City of Sawyer, 228 K. 439, 460, 618 P.2d 788.

87. Judgment award in Cairo Cooperative Exchange v. First National Bank of Cunningham, 228 K. 613, 620 P.2d 805. Modified: Cairo Cooperative Exchange v. First National Bank of Cunningham, 229 K. 184, 624 P.2d 420.

88. Limit not extended by 60-515; tolled only if disability occurs prior to expiration of limit. Lewis v. Shuck, 5 K.A.2d 649, 652, 623 P.2d 520.

89. Since the veterans' preference law implies a cause of action to sue for damages, the three-year statute of limitations applies. Pecenka v. Alquest, 6 K.A.2d 26, 27, 626 P.2d 802.

90. Federal courts must apply the applicable state statute of limitations in a civil rights action. Brown v. Bigger, 622 F.2d 1025, 1026.

91. Statutes of limitations do not run against state when action arises from performance of governmental function; some degree of diligence required of party claiming fraud. U.S.D. No. 490 v. Celotex Corp., 6 K.A.2d 346, 351, 352, 353, 629 P.2d 196 (1981).

92. Two-year statute of limitations applicable to employer in action of injured workman against alleged tortfeasor. Baird v. Phillips Petroleum Co., 535 F.Supp. 1371, 1374 (1981).

93. Four-year limit runs from date of act in all cases even if injury not yet ascertained; constitutionality of (d) upheld. Stephens v. Snyder Clinic Ass'n, 230 K. 115, 116, 118, 119, 120, 121, 123, 127, 130, 631 P.2d 222 (1981).

94. Action by depositors against savings and loan's previously employed auditing firm was an action in tort and was barred by statute. Brueck v. Krings, 230 K. 466, 470, 631 P.2d 1233 (1981).

95. Statute applicable for actions for injury to or denial of civil rights. Cooper v. Hutchinson Police Department, 6 K.A.2d 806, 808, 809, 636 P.2d 184 (1981).

96. In an action for breach of an implied warranty, a party may plead and proceed upon the theories of both contract and tort. Ware v. Christenberry, 7 K.A.2d 1, 3, 4, 7, 637 P.2d 452 (1982).

97. Leak in roof not reasonably ascertainable until water spots first appeared on ceiling. Kristek v. Catron, 7 K.A.2d 495, 496, 644 P.2d 480 (1982).

98. "Discovery of fraud" means the time of actual knowledge or when reasonable diligence would have discovered it. Augusta Bank & Trust v. Broomfield, 231 K. 52, 62, 643 P.2d 100 (1982).

99. Subsection (a)(4) applied to dirt contractor who had no continuing obligation after contract finished. Bowen v. City of Kansas City, 231 K. 450, 455, 646 P.2d 484 (1982).

100. False arrest type action should have one-year statute of limitations applied for purpose of civil rights federal statute in accord with 60-514. Miller v. City of Overland Park, 231 K. 557, 559, 560, 561, 562, 646 P.2d 1114 (1982).

101. Motion to set aside void judgment can be made at any time even if effect is to bar plaintiff's suit. Barkley v. Toland, 7 K.A.2d 625, 627, 646 P.2d 1124 (1982).

102. Action for wrongful death must be brought within two-year time limitation. Clark v. Prakalapakorn, 8 K.A.2d 33, 34, 648 P.2d 278 (1982).

103. No cause of action exists for wrongful death if period of limitation for wrongful act expires before death. Mason v. Gerin Corp., 231 K. 718, 721, 647 P.2d 1340 (1982).

104. Tort action not barred under subsection (b) until two years after substantial injury or two years after injury is reasonably ascertainable. Webb v. Pomeroy, 8 K.A.2d 246, 249, 655 P.2d 465 (1983).

105. Payment made by one insurer to another as reimbursement of PIP benefits not advance or partial payment which tolls running hereof. Lytle v. Pepsi Cola General Bottlers, Inc., 8 K.A.2d 332, 334, 656 P.2d 786 (1983).

106. Action was not in tort and barred by two-year statute of limitations; action was in contract under 60-511(1). Clark Jewelers v. Satterthwaite, 8 K.A.2d 569, 570, 571, 662 P.2d 1301 (1983).

107. Statute of limitations not a bar to recovery; KCCR's duty to substitute party had not commenced. Flanigan v. City of Leavenworth, 232 K. 522, 524, 525, 530, 657 P.2d 555 (1983).

108. Plaintiff's contention that alleged damages were temporary not sustained by facts. McAlister v. Atlantic Richfield Co., 233 K. 252, 261, 264, 662 P.2d 1203 (1983).

109. Where health care provider services last rendered December 18, 1968, cause of action against provider barred December 18, 1972. Brubaker v. Cavanaugh, 542 F.Supp. 944, 947 (1982).

110. Service for personal injury outside 90-day period barred by 2-year limitation; service on unauthorized subsidiary insufficient. Schmid v. Roehm GmbH, 544 F.Supp. 272, 278 (1982).

111. Cited; when amendment is to change name of defendant, period for commencing action (60-515(c)) includes applicable statute of limitations and 90 days under 60-203. Anderson v. United Cab Co., 8 K.A.2d 694, 666 P.2d 735 (1983).

112. Cited; error to grant summary judgment until discovery completed on equitable estoppel and nature of part payments. Hustead v. Bendix Corp., 233 K. 870, 871, 666 P.2d 1175 (1983).

113. Any alleged breach of fiduciary or contractual duty ascertainable at time agreements reached; statute runs from that time. Cornett v. Roth, 233 K. 936, 940, 941, 666 P.2d 1182 (1983).

114. Applicable to preserve remedial spirit of 42 U.S.C. § 1983. Dutoit v. Board of Johnson County Comm'rs, 233 K. 995, 1006, 667 P.2d 879 (1983).

115. Employee's product liability suit brought within two-year tort limitation but not within one-year workers' compensation act limitation. Thomas v. Heinrich Equipment Corp., 563 F.Supp. 152, 153 (1983).

116. If salt pollution to aquifer constitutes abatable nuisance, recovery limited to injuries two years prior to suit. Miller v. Cudahy Co., 567 F.Supp. 892, 909 (1983).

117. Statute of limitations for civil rights cases under federal statutes considered. Sullivan v. LaMunyon, 572 F.Supp. 753, 755, 760 (1983).

118. Appropriate statute of limitations for civil rights actions. Garcia v. University of Kansas, 702 F.2d 849, 851 (1983).

119. Cited; saving statute (60-518) applicable regardless of forum where action first filed. Prince v. Leesona Corp., Inc., 720 F.2d 1166, 1168 (1983).

120. Suit for saltwater contamination not exempt from limitations herein by virtue of 60-509 or 60-521. City of Attica v. Mull Drilling Co., 9 K.A.2d 325, 330, 676 P.2d 769 (1984).

121. Duty of architect gives rise to implied warranty; injured party may proceed upon either a contract or tort theory; application of section considered. Tamarac Dev. Co. v. Delamater, Freund & Assocs., 234 K. 618, 619, 622, 675 P.2d 361 (1984).

122. Suit timely filed for fraud where plaintiff lulled into reliance by constant reassurance. Price v. Grimes, 234 K. 898, 900, 677 P.2d 969 (1984).

123. Statute not designed to force parties into court at first sign of injury; when injury became ascertainable and substantial issues for trier of fact. Olson v. State Highway Commission, 235 K. 20, 27, 679 P.2d 167 (1984).

124. Claims for injury not ascertainable until shooting of plaintiff's deceased by state parolee. Beck v. Kansas University Psychiatry Foundation, 580 F.Supp. 527, 535 (D.C. Kan. 1984).

125. Where death, injury or property damage occurs as result of warranty breach, subsection (b) applicable rather than 84-2-725. Grey v. Bradford-White Corp., 581 F.Supp. 725, 728 (1984).

126. Where question of when fraud could reasonably have been discovered in dispute, summary judgment improper. Wolf v. Preferred Risk Life Ins. Co., 728 F.2d 1304, 1306 (1984).

127. Civil rights claims under 42 U.S.C. § 1983 governed by two-year limitation for injury to rights of another. Hamilton v. City of Overland Park, Kan., 730 F.2d 613, 614 (1984).

128. Civil rights claims under 42 U.S.C. § 1983 governed by two-year limitation for injury to rights of another. Cowdrey v. City of Eastborough, Kan., 730 F.2d 1376, 1378 (1984).

129. Allegations of fraudulent concealment do not prevent running of limitations period; limitation for civil rights claims under 42 U.S.C. §1983 considered; termination of employment not continuing violation. Pike v. City of Mission, Kan., 731 F.2d 655, 658, 661 (1984).

130. Tolling statute for legally disabled (60-515(a)) procedural; Mississippi statute of limitations applied to injury in Kansas by Delaware-made lawnmower. Fieldman by Fieldman v. Roper Corp., 586 F.Supp. 936, 938, 939 (1984).

131. Asymptomatic undetected cancer without clinical manifestation not substantial injury within meaning of subsection (b); prenatal exposure to drugs considered. Colby v. E. R. Squibb & Sons, Inc., 589 F.Supp. 714, 717 (1984).

132. Where salt plant is private abatable nuisance continuing in nature, it gives rise over and over to causes of action; equitable estoppel considered. Miller v. Cudahy Co., 592 F.Supp. 976, 984, 1005 (1984).

133. Where case filed before decision establishing statute of limitations for civil rights actions pursuant to 42 U.S.C. § 1983, period is three years. Scott v. City of Overland Park, 595 F.Supp. 520, 525 (1984).

134. Relief from fraud inducing settlement agreement incorporated into divorce decree permissible by separate action or motion to reform. Oehme v. Oehme, 10 K.A.2d 73, 74, 78, 691 P.2d 1325 (1984).

135. Statute does not require knowledge of extent of injury; "substantial injury" means actionable injury. Roe v. Diefendorf, 236 K. 218, 222, 223, 689 P.2d 855 (1984).

136. Where continuing loans made to 80% shareholder by corporation, derivative action for two prior years not barred. Oberhelman v. Barnes Investment Corp., 236 K. 335, 345, 346, 690 P.2d 1343 (1984).

137. Provisions of (a)(7) qualified by subsection (c); issue of when injury ascertainable properly submitted to the trier of fact. Cleveland v. Wong, 237 K. 410, 413, 414, 701 P.2d 1301 (1985).

138. Suit out of time when filed more than two years after discovery of defective silo. Dowling v. Southwestern Porcelain, Inc., 237 K. 536, 541, 701 P.2d 954 (1985).

139. Cited; improper to allow retrospective application of procedural statute (60-203) where vested defense exists prior to effective date thereof. Jackson v. American Best Freight System, Inc., 238 K. 322, 323, 325, 709 P.2d 983 (1985).

140. Action barred where undisputed evidence showed fraud could have been discovered within two-year period ((a)(3)). Waite v. Adler, 239 K. 1, 7, 716 P.2d 524 (1986).

141. Attorney malpractice examined; contract (60-512) and tort theories distinguished, malicious prosecution (60-514) noted. Pancake House, Inc. v. Redmond, 239 K. 83, 88, 716 P.2d 575 (1986).

142. Damage to teeth from ingesting tetracycline governed by (a)(4); application of language in (b) discussed at length. Cowan by Cowan v. Lederle Laboratories, 604 F.Supp. 438, 440, 442 (1985).

143. Rational relation exists between shorter statute of limitation period for health care providers and providing quality health care. Brubaker v. Cavanaugh, 741, F.2d 318 (1984).

144. Statute of limitation governing medical malpractice actions not violative of due process where time to bring suit reasonable. Brubaker v. Cavanaugh, 741 F.2d 318, 321 (1984).

145. Where statute of limitation cuts off all remedies after four years, equal protection not violated. Brubaker v. Cavanaugh, 741 F.2d 318, 322 (1984).

146. Cited; effect of statute on federal RICO claim that related back to original petition examined. Phelps v. Wichita Eagle-Beacon, 632 F.Supp. 1164, 1165 (1986).

147. Cited; applicability of statute to claims under consumer protection act examined. Agristor Leasing v. Meuli, 634 F.Supp. 1208, 1218 (1986).

148. Cited; applicability to claims for breach of implied covenant of good faith and tortious interference with fiduciary relations examined. NL Industries, Inc. v. Gulf & Western Industries, 650 F.Supp. 1115, 1134 (1986).

149. Statute applicable to actions brought under state age discrimination in employment act (44-1111 et seq.). Ditch v. Bd. of County Comm'rs of County of Shawnee, 650 F.Supp. 1245, 1252, 1253 (1986).

150. Cited; 60-507 proper where recovery sought under alternate theory of equitable estoppel to deny property interest. Potucek v. Potucek, 11 K.A.2d 254, 259, 260, 719 P.2d 14 (1986).

151. Cited; fire damage during building construction not first substantial injury; subsequent fire following completion controlled. Kinell v. N.W. Dible Co., 240 K. 439, 443, 731 P.2d 245 (1987).

152. Cited; evidence of occurrences prior to two years before action commenced on retaliatory discharge for filing KCCR complaint examined. Smith v. United Technologies, 240 K. 562, 567, 731 P.2d 871 (1987).

153. In action for failing to disclose prior security interest, statute runs when existence discovered. Borg Warner Acceptance Corp. v. Kansas Secretary of State, 240 K. 598, 605, 731 P.2d 301 (1987).

154. Commencement of time of limitation period considered; during pendency of action injury changed from temporary to permanent. Villiams v. Amoco Production Co., 241 K. 102, 107, 734 P.2d 1113 (1987).

155. Fraud limitation period examined in light of bid records and documents covered by open records act (45-215 et seq.). Anderson-Myers Co., Inc. v. Roach, 660 F.Supp. 106, 113 (1987).

156. Client's third-party claim against attorney for failing to terminate client's obligation for union pension funds subject to two-year limitation; running of statute examined. Mo-Kan Teamsters Pension Fund v. Creason, 669 F.Supp. 1532, 1541 (1987).

157. Federal civil action for interception of certain wire or oral communications controlled by two-year catchall statute. Newcombe v. Ingle, 827 F.2d 675, 678 (1987).

158. Decision applying two-year statute to§ 1983 action not binding on cause accruing before but filed after decision. Derstein v. Van Buren, 828 F.2d 653, 655 (1987).

159. Cited by minority where court held 60-3403, abrogating collateral source rule for medical malpractice remedy, unconstitutional. Farley v. Engelken, 241 K. 663, 685, 740 P.2d 1058 (1987).

160. Cited; statute's inapplicability to actions brought by state examined. State ex rel. Stephan v. GAF Corp., 242 K. 152, 162, 747 P.2d 1326 (1987).

161. Cited; rules for determining when cause of action in tort for legal malpractice arises examined. Knight v. Myers, 12 K.A.2d 469, 473, 748 P.2d 896 (1987).

162. Cited; legal malpractice for failure to prepare and file journal entry as breach of contract, 60-512(1) applicability examined. Pittman v. McDowell, Rice & Smith, Chtd., 12 K.A.2d 603, 610, 752 P.2d 711 (1988).

163. Kansas' choice of law principles, application of New Mexico or Kansas statute of limitations examined. Murphy v. Klein Tools, Inc., 693 F.Supp. 982 (D. Kan. 1988).

164. Employer's subrogation rights against employee accrued upon receipt of employee's settlement with third party. Brown v. Globe Union, a Div. of Johnson Controls, 694 F.Supp. 795, 801 (D. Colo. 1988).

165. Tortious interference claim as relating back to original complaint asserting conspiracy claim where both based on same conduct examined. Tomson v. Stephan, 696 F.Supp. 1407, 1409 (D. Kan. 1988).

166. Phrase "act giving rise to the cause of action" defined; pleading fraud as not tolling statute, constitutionality of statute determined. Lester v. Eli Lilly and Co., 698 F.Supp. 843 (D. Kan. 1988); affirmed, 893 F.2d 1340 (1990).

167. Applicability of statute to diversity tort action brought in Missouri examined. Birdsell v. Holiday Inns, 852 F.2d 1078 (8th Cir. 1988).

168. Salt pollution of freshwater aquifer is continuing nuisance extending statute to damages within two years of suit. Miller v. Cudahy Co., 858 F.2d 1449, 1450 (10th Cir. 1988).

169. Placement of Coast Guard instructor on temporarily disabled retired list as tolling statute examined. Mason v. Texaco, Inc., 862 F.2d 242, 245 (10th Cir. 1988).

170. Civil rights claim under 42 U.S.C. § 1983 is subject to two-year statute of limitations. Massey v. Shepack, 12 K.A.2d 770, 774, 757 P.2d 329 (1988).

171. Ten-year limitation applicable to claims based upon latent diseases; constitutionality as applied to plaintiff determined. Tomlinson v. Celotex Corp., 244 K. 474, 482, 770 P.2d 825 (1989).

172. Provisions of 65-4904 relative to filing time for medical malpractice screening panel recommendations, tolling period of 65-4908 construed. White v. VinZant, 13 K.A.2d 467, 773 P.2d 1169 (1989).

173. Point of reasonable discovery to set statute in motion must be decided by trier of fact. Rajala v. Allied Corp., 66 B.R. 582, 601 (1986).

174. When substantial injury results or when injury becomes reasonably ascertainable is question for trier of fact. Uhock v. Sleitweiler, 13 K.A.2d 621, 623, 778 P.2d 359 (1989).

175. Action for damages for pollution by oil and gas operation on mineral lease; nature of damages to land considered. Maxedon v. Texaco Producing, Inc., 710 F.Supp. 1306, 1313, 1315 (1989).

176. Claim arising out of alleged sexual harassment accrued at time alleged acts occurred; claim arising out of employers request that employee return to work with person allegedly committing acts accrued at time of request. E.E.O.C. v. General Motors Corp., 713 F.Supp. 1394 (1989).

177. Federal court stayed action in case noting that certain causes could not be asserted in federal court due to statute of limitations. Utech v. St. Louis Southwestern Ry. Co., 716 F.Supp. 535 (1989).

178. Action arose out of a governmental function; 10-year period is statute of limitation rather than statute of repose. Unified School Dist. No. 500 v. U.S. Gypsum Co., 719 F.Supp. 1003, 1005, 1006 (1989).

179. For purposes of statute of limitations, amended complaint was deemed filed on date motion for leave to amend was filed. Wallace v. Sherwin Williams Co., Inc., 720 F.Supp. 158 (1988).

180. Two-year limitation for personal injury action applied to race discrimination claim under federal civil rights act. Baker v. Board of Regents of State of Kan., 721 F.Supp. 270, 274 (1989).

181. Under Kansas law, the law of the forum governs the statute of limitations; statutes of limitation and repose distinguished. Menne v. Celotex Corp., 722 F.Supp. 662 (1989).

182. Causes of action for unfair competition and tortious interference with contracts governed hereunder; date of accrual. Manildra Mill, Corp. v. Ogilvie Mills, Inc., 723 F.Supp. 567, 569 (1989).

183. Missouri borrowing statute applied to borrow Kansas Statute of limitations in products liability action by Kansas resident. In re Tetracycline Cases 729 F.Supp. 662, 666 (1989).

184. Legislative limitation on recovery of noneconomic damages (60-19a01, 60-19a02) as not violating any constitutional rights determined. Samsel v. Wheeler Transport Services, Inc., 246 K. 336, 339, 789 P.2d 541 (1990).

185. Statute applicable to claim of wrongful discharge from firm; entitlement to fees existed at time of departure. Miller v. Foulston, Siefkin, Powers & Eberhardt, 246 K. 450, 464, 790 P.2d 404 (1990).

186. Time frame within which extensions of time for service must be sought in 60-203 and 60-206 examined. Read v. Miller, 14 K.A.2d 274, 788 P.2d 883 (1990).

187. Subsection (b) construed; 10-year period began to run when plaintiffs first exposed to defendants' negligent act. Gilger v. Lee Constr., Inc., 14 K.A.2d 679, 682, 694, 798 P.2d 495 (1990).

188. In taxpayer action against tax preparer, assessment of negligence penalty completes the wrong and triggers running of the statute. Bick v. Peat Marwick & Main, 14 K.A.2d 699, 706, 799 P.2d 94 (1990).

189. Application of statute examined when no physical injury occurs; two-year limitation controls. Humes v. Clinton, 246 K. 590, 598, 792 P.2d 1032 (1990).

190. Appeal from district court's judgment as tolling statute in legal malpractice action examined. Pizel v. Zuspann, 247 K. 54, 73, 795 P.2d 42 (1990).

191. When statute begins to run for wrongful death and negligent prescription/administration of drugs examined. Crockett v. Medicalodges, Inc., 247 K. 433, 438, 799 P.2d 1022 (1990).

192. Specific provisions of 60-203 regarding extension of time for service of process examined; time frame for granting extension determined. Read v. Miller, 247 K. 557, 558, 802 P.2d 528 (1990).

193. Appropriate limitations period for Bivens action under 28 U.S.C.A. § 1331 is statute governing actions for injury to personal rights. Hawks v. Rardin, 731 F.Supp. 1026 (1990).

194. Black employee's § 1981 claim time barred as to promotions taking place two years before filing complaint. Payne v. General Motors Corp., 731 F.Supp. 1465 (1990).

195. Claim arising from rolled-back odometer accrued when buyer knew car had problems. Davis v. Adoption Auto, Inc., 731 F.Supp. 1475 (1990).

196. Statute purporting to revive causes of action for latent diseases violates due process by removing vested rights of defendants. Waller v. Pittsburgh Corning Corp., 742 F.Supp. 581, 583 (1990).

197. Where plaintiffs on libel claim based on false credit reporting sought to plead negligent defamation, one-year statute applies. McKown v. Dun & Bradstreet, Inc., 744 F.Supp. 1046, 1049 (1990).

198. Where evidence in dispute as to when substantial injury appears or becomes reasonably ascertainable, issue for determination by trier of fact. Hatfield v. Burlington Northern R. Co., 747 F.Supp. 634, 639 (1990).

199. Negligence claims of beneficiaries of will and trust agreement arose when will was admitted to probate. Elliott v. White, O'Connor & Werner, P.A., 750 F.Supp. 451, 455 (1990).

200. Residual two-year statute applicable to claim for denial of due process. Elam v. Williams, 753 F.Supp. 1530, 1539 (1990).

201. Under theory of adverse domination, statute tolled on bank's tort claims while defendant officers and directors remained in control. Federal Deposit Ins. Corp. v. Ashley, 754 F.Supp. 179, 183 (1990).

202. Claim by manufacturer of trash can liners against producer of resins barred where manufacturer should have known of inability to produce. Rajala v. Allied Corp., 919 F.2d 610 (1990).

203. Cited in opinion certifying to U.S. district court that 60-507 is statute of limitations applicable to inverse condemnation proceedings. Hiji v. City of Garnett, 248 K. 1, 10, 804 P.2d 950 (1991).

204. Statute examined in suit by cooperative against commodities broker where cooperative's manager allegedly embezzled to speculate in commodities. Penalosa Co-Op Exchange v. A.S. Polonyi Co., 754 F.Supp. 722, 736 (1991).

205. Appropriate statute of limitation for actions under 42 U.S.C.A. §1983 arising in Kansas is two years. Johnson v. Johnson County Comm'n Bd., 925 F.2d 1299 (1991).

206. When statute begins to run examined where underlying litigation not necessarily determinative of attorney's negligence. Dearborn Animal Clinic, P.A. v. Wilson, 248 K. 257, 270, 806 P.2d 997 (1991).

207. On question certified (60-3201 et seq.), 40-3403(h) abrogating certain common-law vicarious liability held constitutional. Bair v. Peck, 248 K. 824, 833, 811 P.2d 1176 (1991).

208. Application of subsections (a) and (b) examined and construed; ten-year limitation inapplicable to claims involving latent diseases. Gilger v. Lee Constr. Co., 249 K. 307, 318, 820 P.2d 390 (1991).

209. Driver's license determined suspended pursuant to 40-3104(j) until minor's claim resolved. Creamer v. Kansas Dept. of Revenue, 15 K.A.2d 573, 574, 812 P.2d 330 (1991).

210. Clerical error by district court clerk in issuing alias summons does not extend the period of limitation. Slayden v. Sixta, 15 K.A.2d 625, 631, 813 P.2d 393 (1991).

211. Products liability action filed in New Mexico barred by res judicata; Kansas court judgment of dismissal with prejudice; statute of limitations. Murphy v. Klein Tools, Inc., 935 F.2d 1127 (1991).

212. Statute of repose applied to personal injury action is matter of substantive law; amendment purporting to revive actions otherwise barred held invalid. Waller v. Pittsburgh Corning Corp., 946 F.2d 1514 (1991).

213. Claims for alleged acts of discrimination not barred; violation of plaintiff's rights continuing. Harris v. Board of Public Utilities of Kansas City, 757 F.Supp. 1185, 1195 (1991).

214. Equitable estoppel from asserting statute of limitations defense discussed; question of fact. Grissom v. Dayco Products, Inc., 758 F.Supp. 650, 652 (1991).

215. In action for permanent damage to land caused by harmful substances, 10 year limitation begins to run only when substantial injury occurs. Bolin v. Cessna Aircraft Co., 759 F.Supp. 692, 698 (1991).

216. Question of fact existed in medical malpractice case being brought within statute of limitations; summary judgment denied. Fehrenbacher v. Quackenbush, 759 F.Supp. 1516, 1520, 1521 (1991).

217. Two year statute of limitations applied to prisoner's action for back pay. Muhammad v. Moore, 760 F.Supp. 869, 870 (1991).

218. Two year statute of limitations applicable to unsuccessful medical school applicant's civil rights action; summary judgment granted. Baker v. Board of Regents of State of Kan., 768 F.Supp. 1436, 1438 (1991).

219. Claim of fraudulent promise of employment did not relate back, for limitation purposes, to claim of age discrimination and breach of contract. Marsh v. Coleman Co., Inc., 774 F.Supp. 608 (1991).

220. Cause of action for breach of contract accrues at time of breach; plaintiff did not discover fraud until defendant repudiated contract. Corvell v. Photo Images, Inc., 774 F.Supp. 1321 (1991).

221. Cited in determining whether to expand the unique circumstances doctrine. Slayden v. Sixta, 250 K. 23, 24, 27, 30, 825 P.2d 119 (1992).

222. Evidence stemming from "physician-patient relationship" or "continuous treatment" doctrines relevant to issue of when cause of action for medical malpractice accrued. Jones v. Neuroscience Assocs., Inc., 250 K. 477, 478, 480, 481, 485, 488, 489, 827 P.2d 51 (1992).

223. Statute of limitations barred action against individual defendant; amendment not timely. Martindale v. Tenny, 250 K. 621, 634, 829 P.2d 561 (1992).

224. Negligence action must be brought within 10 years of original wrongful act; due process rights of claimant not violated because expiration before claimant sustained injury or knew injury has been sustained, if statute otherwise reasonable. Admire Bank & Trust v. City of Emporia, 250 K. 688, 694, 829 P.2d 578 (1992).

225. Statute of limitations for civil actions to recover damages from criminal act examined. Church Mut. Ins. Co. v. Rison, 16 K.A.2d 315, 316, 823 P.2d 209 (1992).

226. Two year statute of limitations applicable to claims under Kansas Act Against Discrimination. Witherspoon v. Roadway Exp., Inc., 782 F.Supp. 567, 573 (1992).

227. Negligence action must be bought within 10 years of original wrongful act; statute in effect at time action filed applies. Dobson v. Larkin Homes, Inc., 251 K. 50, 53, 832 P.2d 345 (1992).

228. Breach of legal duty in contractual relationship gives rise to tort action; two-year limitation applies. Hunt v. KMG Main Hurdman, 17 K.A.2d 418, 419, 839 P.2d 45 (1992).

229. Noted in opinion that insured not required to obtain judgment before receiving underinsured motorist benefits pursuant to 40-284(b). Brown v. USAA Cas. Ins. Co., 17 K.A.2d 547, 840 P.2d 1203 (1992).

230. Plaintiff deemed to have discovered fraud when he knew, or should have known, of injurious conduct. Schrag v. Dinges, 788 F.Supp. 1543, 1544, 1549 (1992).

231. Federal comparative indemnity claim began to run immediately upon accrual of injured party's claim. Reeve v. Union Pacific R. Co., 790 F.Supp. 1074, 1075, 1076 (1992).

232. Untimely amended complaint not based on mistake of identity did not relate back. Gardner v. Toyota Motor Sales, 793 F.Supp. 287, 289, 291 (1992).

233. Federal claim based on statute without specific statute of limitations subject to state statute of limitations. Saviour v. City of Kansas City, Kan., 793 F.Supp. 293, 294, 296 (1992).

234. Two-year state statute of limitations for bringing action for injury to another applied to section 1983 claim. Brodock v. Kansas Parole Board, 804 F.Supp. 185, 186, 187 (1992).

235. Actual knowledge, not merely suspicion of wrong, is necessary to trigger Kansas statute of limitations. Comeau v. Rupp, 810 F.Supp. 1127, 1129, 1130, 1145 (1992).

236. Issue regarding whether partners' suspicion amounted to knowledge of fraud triggering statute of limitations. Mid Kansas Fed. S&L v. Orpheum Theater Co., 810 F.Supp. 1184, 1185 (1992).

237. Kansas law applied by Missouri bankruptcy court in action involving insurance settlement; state had most significant relationship to contract and parties. In re Masters Mortg. Inv. Fund, Inc., 151 B.R. 513 (1992).

238. Reviewed rules when specific statute controls over a general statute (60-513). Baumann v. Excel Industries, Inc., 17 K.A.2d 807, 808, 809, 810, 811, 812, 845 P.2d 65 (1993).

239. Claims for breach of fiduciary duty, unjust enrichment and tortious conversion barred by limit. McCaffree Financial Corp. v. Nunnink, 18 K.A.2d 40, 49, 59, 847 P.2d 1321 (1993).

240. Product liability claim is subject to statute of limitations of this section. Fennesy v. LBI Mgt., Inc., 18 K.A.2d 61, 66, 68, 847 P.2d 1350 (1993).

241. Counterclaim denied where it did not clearly coexist with wholesaler's claim. Nash Finch Co. v. Caspar, 813 F.Supp. 1497, 1498, 1501 (1993).

242. Two-year statute of limitations began to run on bankruptcy court's final order regarding possession of product. Petroleum Products v. Mid-America Pipeline, 815 F.Supp. 1421, 1422, 1424 (1993).

243. Statute of limitations for tort claims applied to tort claim of commercial code breach of warranty. Koch v. Shell Oil Co., 815 F.Supp. 1434, 1435, 1438, 1439, 1440 (1993).

244. Genuine fact issue existed as to whether state fraud claim was barred by limitations precluding summary judgment. Monarch Normandy v. Normandy Square, 817 F.Supp. 908, 909, 916 (1993).

245. Where injury not immediately ascertainable, action for subsidence of surface of land from mining accrues when subsidence occurs. Nida v. American Rock Crusher Co., 253 K. 230, 239, 855 P.2d 81 (1993).

246. On question certified (60-3201 et seq.), manufacturer's post-sale duty to warn of recall and retrofit defective products examined. Patton v. Hutchinson Wil-Rich Mfg. Co., 253 K. 741, 747, 751, 752, 861 P.2d 1299 (1993).

247. Statute examined regarding nuisance claims based on agricultural use of farmland in violation of state law. Finlay v. Finlay, 18 K.A.2d 479, 488, 856 P.2d 183 (1993).

248. Whether 60-516 may be used to extend Kansas limitations period to make timely an action barred by Kansas law examined. Muzingo v. Vaught, 18 K.A.2d 823, 824, 825, 859 P.2d 977 (1993).

249. Whether rabon oral larracide is a "harmful material" under 60-3303 triggering four-year statute of repose examined. Koch v. Shell Oil Co., 820 F.Supp. 1336, 1339, 1346 (1993).

250. Whether general tort statute of repose applied to allegedly defective product with useful life greater than 10 years examined. Speer v. Wheelabrator Corp., 826 F.Supp. 1264, 1265 (1993).

251. Whether under adverse domination doctrine statute of limitations was tolled in RTC's claim against financial institution examined. Resolution Trust Corp. v. Fleisher, 826 F.Supp. 1273, 1276 (1993).

252. Whether the city's cause of action arises out of a governmental function for statute of limitations purposes examined. City of Wichita, Kan. v. U.S. Gypsum Co., 828 F.Supp. 851, 858, 862, 868 (1993).

253. When plaintiff incurred substantial injury for limitations purposes in fraudulent and negligent misrepresentation claim examined. Whittenburg v. L.J. Holding Co., 830 F.Supp. 557, 561 (1993).

254. Whether saving statute permitted filing untimely fraud action examined. Kimbrell v. ADIA, S.A., 834 F.Supp. 1313 (1993).

255. Whether corporation knew or should have known of pollution for commencing limitations period examined. A.S.I. Inc. v. Sanders, 835 F.Supp. 1349, 1355 (1993).

256. Whether statute of limitations was tolled by adverse domination doctrine after bank directors resigned examined. Resolution Trust Corp. v. Thomas, 837 F.Supp. 354, 358 (1993).

257. Method of computing time to determine last day to file an action under statute of limitations examined. State v. Johnson, 19 K.A.2d 315, 316, 318, 322, 868 P.2d 555 (1994).

258. Whether statute of repose or useful safe life period of repose applied to product liability action examined. Strunk v. Lear Siegler, Inc., 844 F.Supp. 1466, 1470 (1994).

259. Whether Kansas or Mississippi's statute of limitations applied to wrongful death action arising in Kansas examined. Morningstar v. General Motors Corp., 847 F.Supp. 489 (1994).

260. Whether general or specific (60-3303) statute of repose controls in duty to warn products liability case examined. Kerns v. G.A.C., Inc., 255 K. 264, 268, 875 P.2d 949 (1994).

261. Whether abuse of process claim statute of limitations tolled by appeal of emergency order injunction examined. Lindenman v. Umscheid, 255 K. 610, 620, 622, 875 P.2d 964 (1994).

262. Whether sex discrimination claims pursuant to KAAD (44-1001 et seq.) are subject to three-year statute of limitations examined. Wagher v. Guy's Foods, Inc., 256 K. 300, 302, 885 P.2d 1197 (1994).

263. Whether fraud claim brought within two years of plaintiff's discovery of fraud examined. Richards v. Bryan, 19 K.A.2d 950, 960, 879 P.2d 638 (1994).

264. Issue regarding when substantial injury first appeared or became reasonably ascertainable in fraud case precluded summary judgment. Bryson v. Wichita State University, 19 K.A.2d 1104, 1106, 880 P.2d 800 (1994).

265. Whether KTCA (75-6101 et seq.) noncontract claim is subject to two-or three-year statute of limitations examined; KTCA does not create liability. Gehring v. State, 20 K.A.2d 246, 247, 886 P.2d 370 (1994).

266. Whether defendant committed wrongful act which gave rise to lawsuit within statute of repose examined. Arnold v. Riddel, Inc., 853 F.Supp. 1488, 1490 (1994).

267. Whether plaintiff's cruel and unusual punishment claim that jail conditions were substandard was time barred examined. Dees v. Vendel, 856 F.Supp. 1531, 1537 (1994).

268. Whether one-year statute of limitations for actions based on penalty or forfeiture applied to 66-176 treble damages action examined. Rothwell v. Werner Enterprises, Inc., 859 F.Supp. 470 (1994).

269. Whether tortious interference with contract claim was a continuous tort for limitations purposes examined. Phillips USA, Inc. v. Allflex USA, Inc., 869 F.Supp. 842, 850 (1994).

270. Whether appropriate statute of limitation for 42 U.S.C.A. 1983 civil right action is two years examined. Gee v. Duncanson, 869 F.Supp. 874, 875 (1994).

271. Whether soldier's personal injury action was barred by two-year statute of limitations examined. Hamner v. BMY Combat Systems, 869 F.Supp. 888, 891 (1994).

272. Whether plaintiff's claims of constitutional violations by state and county officials were barred by statute of limitations. Oyler v. Finney, 870 F.Supp. 1018, 1022 (1994).

273. Which statute of limitations applies to security fraud civil actions examined; discovery rule discussed. Kelly v. Primeline Advisory, Inc., 256 K. 978, 984, 889 P.2d 130 (1995).

274. Whether adverse domination doctrine applies to determine when injury to corporation by directors is readily ascertainable examined. Resolution Trust Corp. v. Scaletty, 257 K. 348, 350, 353, 358, 891 P.2d 1110 (1995).

275. Whether the continuous representation rule tolls the running of the statute of repose examined. Morrison v. Watkins, 20 K.A.2d 411, 422, 889 P.2d 140 (1995).

276. Whether written notice to municipality of claim under KTCA (75-6101 et seq.) against municipal employees is a prerequisite to filing suit examined. King v. Pimentel, 20 K.A.2d 579, 586, 890 P.2d 1217 (1995).

277. Whether plaintiff's claims arising from childhood sexual abuse were barred by statute of repose examined. Swartz v. Swartz, 257 K.A.2d 704, 706, 894 P.2d 209 (1995).

278. Whether passenger's negligent entrustment to buyer claim is subject to two-year tort statute of limitations examined. Fidelity and Guar. Ins. Underwriters v. Marshall, 875 F.Supp. 725, 727 (1995).

279. Plaintiff's filing of workers compensation action did not toll statute of limitations for personal injury action. Benne v. International Business Machines, 887 F.Supp. 1395, 1397 (1994).

280. Plaintiff may voluntarily dismiss lawsuit and refile within six-month saving period but after four-year subsection (c) deadline. See v. Hartley, 257 K. 813, 814, 896 P.2d 1049 (1995).

281. In an action for negligence, statute of limitations tolled until substantial injury readily ascertainable. Johnson v. Board of Pratt County Comm'rs, 21 K.A.2d 76, 86, 88, 897 P.2d 169 (1995).

282. Section's discovery rule does not apply to creditor's claims under nonclaim statute. In re Estate of Watson, 21 K.A.2d 133, 136, 896 P.2d 401 (1995).

283. Product liability action timely filed where (60-3301(b)(1)) exception to statute of repose applied. Arnold v. Riddel, 882 F.Supp. 979, 987 (1995).

284. Claim against directors of corporation does not begin to run until a disinterested majority of nonculpable directors exists. Resolution Trust Corp. v. Fleisher, 890 F.Supp. 972, 977 (1995).

285. Issue concerning whether injury to cattle was caused by exposure to feed additive for statute of repose purposes precluded summary judgment. Koch v. Shell Oil Co., 905 F.Supp. 960, 962 (1995).

286. Each transmission through telephone cable constituted a new trespass for statute of limitations purposes. City of Shawnee, Kan. v. AT&T Corp., 910 F.Supp. 1546, 1560 (1995).

287. Subsection (b) statute of repose does not govern if harm was caused by prolonged exposure to defective product. Koch v. Shell Oil Co., 52 F.3d 878, 879, 883 (1995).

288. Limitations law of forum state applied making claims untimely. Kansas Pub. Emp. Retirement v. Reimer & Koger, 61 F.3d 608, 609, 614 (1995).

289. Allegation by plaintiff that defendants fraudulently concealed facts did not toll statute of limitations. City of Wichita, Kan. v. U.S. Gypsum Co., 72 F.3d 1491, 1498 (1995).

290. Plaintiff's flood damage claim untimely filed; whether damages permanent or temporary discussed. Johnson v. Board of Pratt County Comm'rs, 259 K. 305, 320, 913 P.2d 119 (1996).

291. Discovery rule applies to two-year wrongful death limitation of (a)(5); reasonably ascertainable defined. Davidson v. Denning, 259 K. 659, 670, 675, 914 P.2d 936 (1996).

292. Termination of case based on statute of limitations defense does not constitute favorable termination in malicious prosecution action. Miskew v. Hess, 21 K.A.2d 927, 933, 910 P.2d 223 (1996).

293. Breach of warranty claim where plaintiff seeks economic damages only governed by UCC (84-2-725) statute of limitations. LIM Enterprises v. Sears, Roebuck & Co., 912 F.Supp. 478, 479 (1996).

294. KPLA (60-3301 et seq.) useful safe life provision controls over general ten-year statute of repose in product liability actions. Dierksen v. Navistar Intern. Transp. Corp., 912 F.Supp. 480, 483 (1996).

295. Medical malpractice claim based on continuing treatment doctrine barred by statute of repose. Marzolf v. Gilgore, 914 F.Supp. 450, 452 (1996).

296. Plaintiff not allowed to proceed in federal court with claim that would be time barred in state court. Storts v. Hardee's Food Systems, Inc., 919 F.Supp. 1513, 1520 (1996).

297. Statute of repose for actions filed against health care providers constitutes reasonable exercise of legislative power. Marzolf v. Gilgore, 924 F.Supp. 127, 129 (1996).

298. Ruling that distribution of estate violated state law of intestate succession ceased tolling of statute of limitations in tort action. Newland v. Newland, 82 F.3d 338, 341 (1996).

299. Plaintiff's claim for temporary damage and repair cost of building allegedly damaged by city time barred. Isnard v. City of Coffeyville, 260 K. 2, 3, 7, 917 P.2d 882 (1996).

300. On certified question, section does not borrow foreign state's saving statute preempting Kansas law. Goldsmith v. Learjet, Inc., 260 K. 176, 179, 194, 917 P.2d 810 (1996).

301. Whether childhood sexual abuse injury was reasonably ascertainable and when cause of action accrued for limitations purposes examined. Shirley v. Reif, 260 K. 514, 516, 920 P.2d 405 (1996).

302. Plaintiff's claim alleging negligence against sheriff held claim for false imprisonment subject to one-year statute of limitations. Brown v. State, 261 K. 6, 7, 9, 927 P.2d 938 (1996).

303. Alleged failure of plaintiff's doctor to disclose condition is a tort action subject to statute of repose (60-515(a)). Bonin v. Vannaman, 261 K. 199, 205, 929 P.2d 754 (1996).

304. Breach of fiduciary duty commenced in 1987 not reasonably ascertainable until audit conducted in 1991; action timely filed. Boyle v. Harries, 22 K.A.2d 686, 695, 923 P.2d 504 (1996).

305. Issue of fact concerning when patient's injuries were reasonably ascertainable precluded summary judgment. Thurston v. Page, 931 F.Supp. 765, 767 (1996).

306. Insurer's claim for comparative implied indemnity time barred; three-year contract statute of limitations applied. U.S. Fidelity and Guar. Co. v. Sulco, 939 F.Supp. 820, 821, 825 (1996).

307. Useful safe life provision rather than ten-year statute of repose applied in products liability. Gorman v. Best Western Intern, 941 F.Supp. 1027, 1028 (1996).

308. Counter claim by party for legal malpractice subject to three-year oral contract statute of limitations. Turner and Boisseau v. Nationwide Mut. Ins. Co., 944 F.Supp. 842, 844 (1996).

309. Kansas borrowing statute does not borrow foreign state's savings statute. Goldsmith v. Learjet, Inc., 90 F.3d 1490, 1492 (1996).

310. Negligence action in foreign state borrowing Kansas law barred by subsection (a)(4) two-year statute of limitations. Benne v. International Business Machines Corp., 87 F.3d 419, 426 (1996).

311. Limitation applicable to medical malpractice and wrongful death actions; accrual of cause of action; "reasonably ascertainable" construed. Kelley v. Barnett, 23 K.A.2d 564, 566, 932 P.2d 471 (1997).

312. Claim by defendant for defamation was time-barred. Franklin v. City of Kansas City, 959 F.Supp. 1380, 1384 (1997).

313. Issue of whether fraud claim was time-barred could not be resolved in motion to dismiss. Paulsen v. Gutirrez, 962 F.Supp. 1367, 1369 (1997).

314. Affirmative cross-claims for legal malpractice barred by subsection (b) even though initial petition filed within two-year period. KPERS v. Reimer & Koger Assocs., Inc., 262 K. 110, 116, 118, 936 P.2d 714 (1997).

315. Claim that city pension contract unconstitutionally interfered with by statutory changes barred by 60-511. Johnson v. KPERS, 262 K. 185, 190, 935 P.2d 1049 (1997).

316. Fraudulent concealment of medical malpractice tolled both statutes of limitations and repose; defendant equitably estopped from raising defenses thereof. Robinson v. Shah, 23 K.A.2d 812, 816, 824, 834, 835, 936 P.2d 784 (1997).

317. Excessive force during arrest implicates 4th amendment rights; 42 U.S.C. 1983 claim not barred by state tort remedies. Swinehart v. City of Ottawa, 24 K.A.2d 272, 276, 943 P.2d 942 (1997).

318. Measure of statute of limitations for negligence or breach of warranty in land title insurance case reviewed. Steinle v. Knowles, 24 K.A.2d 568, 575, 948 P.2d 670 (1997).

319. Fact issue concerning when shareholders discovered fraud precluded summary judgment. Koch v. Koch Industries, Inc., 969 F.Supp. 1583 (1997).

320. Business disparagement is subject to one-year statute of limitations for libel or slander. Rodriguez v. ECRI Shared Services, 984 F.Supp. 1363, 1368 (1997).

321. Discovery rule did not apply to party's claim so as to delay accrual of claim. United Cities Gas Co. v. Brock Exploration Co., 984 F.Supp. 1379, 1387 (1997).

322. Limitations period not tolled by alleged lulling assurances by defendant. Andale Equipment, Inc. v. Deere & Co., 985 F.Supp. 1042, 1045 (1997).

323. Four-year federal limitations period applied to employment discrimination claim. Alexander v. Precison Machining, Inc., 990 F.Supp. 1304, 1306 (1997).

324. Property damage claim filed against state agency was reasonably ascertainable before statute of limitations had run. Deisher v. Kansas Dept. of Transportation, 264 K. 762, 773, 958 P.2d 656 (1998).

325. Statute of limitations affirmative defense to contract claim waived by parties' settlement agreement. Marquis v. State Farm Fire & Cas. Co., 265 K. 317, 332, 961 P.2d 1213 (1998).

326. Plaintiff's claim of alleged injury for conduct of therapist time barred; continuing treatment doctrine did not toll. P.W.P. v. L.S., 266 K. 417, 423, 427, 969 P.2d 896 (1998).

327. FIRREA six-year statute of limitations (12 U.S.C. 1821) begins to run on date claim accrues. Federal Financial Co. v. Hamilton, 25 K.A.2d 361, 363, 962 P.2d 1136 (1998).

328. Legal malpractice claim concerning dispute in which IRS had not rendered final judgment premature. Berberich v. Payne & Jones, Chartered, 3 F.Supp. 2d 1199, 1201 (1998).

329. Issue concerning when injury to cattle was discovered by owner precluded summary judgment. Koch v. Shell Oil Co., 8 F.Supp.2d 1259, 1261 (1998).

330. Amended complaint was effectively filed within state statute of limitations. Koch v. Shell Oil Co., 8 F.Supp.2d 1264, 1267 (1998).

331. Plaintiffs sufficiently pled legal incapacity to toll state statute of limitations for state claims. Blackwell v. Harris Chemical North America, Inc., 11 F.Supp.2d 1302, 1306 (1998).

332. Two-year limitations period for claim based on failure to transfer title began to run when vehicle was repossessed. Griffin v. Security Pacific Automotive Financial, 25 F.Supp.2d 1214, 1218 (1998).

333. Personal injury two year limitations period applied to plaintiff's 42 U.S.C.A. 1981 claim. Lasley v. Hershey Foods Corp., 35 F.Supp.2d 1319, 1320 (1999).

334. Plaintiff's untimely tort claim was not extendable by an equitable tolling theory. Rigby v. Clinical Reference Laboratory, Inc., 995 F.Supp. 1217, 1222 (1998).

335. Statute of limitations barred plaintiff's abuse of process claim; when claim begins to accrue examined. Stegall v. Great American Ins. Co., 996 F.Supp. 1060, 1069 (1998).

336. Indemnity claim subject to three year statute of limitations was timely filed. St. Francis Regional Medical Center v. Critical Care, 997 F.Supp. 1413, 1433 (1997).

337. Fact issue concerning when claim of erroneous advertising accrued precluded summary judgment. F.J. Joseph, Inc. v. Lida Advertising, Inc., 2 F.Supp. 2d 1425, 1427 (1998).

338. Statute of repose did not bar claims alleging physician committed negligence in visits less than four years ago. Swafford v. Wortman, 2 F.Supp. 2d 1429, 1433 (1998).

339. Statute of repose precluded any cause of action by appellant; granting of summary judgment upheld. Klose v. Wood Valley Racquet Club, Inc., 267 K. 164, 167, 975 P.2d 1218 (1999).

340. City's underground storm sewer was a permanent structure inadequate for surface water runoff in heavy rains; substantial injury had occurred several times in past; statute of limitations had run on plaintiffs. Moon v. City of Lawrence, 267 K. 720, 732, 982 P.2d 388 (1999).

341. Easement filed at register of deeds gives notice to all persons at time of filing; two year statute of limitations and 10 year statute of repose have run on plaintiff. Bi-State Dev. Co., Inc. v. Shafer, Kline & Warren, Inc., 26 K.A.2d 515, 519, 520, 990 P.2d 159 (1999).

342. Claim that bank negligently allowed nonaccount holder to withdraw account holder's funds not filed within two year statute of limitations. Henrichs v. Peoples Bank, 26 K.A.2d 582, 584, 992 P.2d 1241 (1999).

343. State statute of limitations did not bar any of plaintiff's RICO (18 U.S.C.A. 1961 et seq.) claims. Gottstein v. National Ass'n For Self Employed, 53 F.Supp.2d 1212, 1215 (1999).

344. Limitations period for intentional infliction of emotional distress not tolled by plaintiff's filing of administrative complaint. Desmarteau v. City of Wichita, Kan., 64 F.Supp.2d 1067, 1083 (1999).

345. Kansas limitations period applied under another state's choice of law statute in fraudulent inducement to franchisee claim. Ramada Franchise Systems, Inc. v. Tresprop, Ltd., 75 F.Supp.2d 1205, 1216 (1999).

346. Issue concerning date patient knew he was injured precluded summary judgment on statute of limitations grounds. Downey v. U.S., 79 F.Supp.2d 1250, 1251 (1999).

347. Parent waived right of recovery by bringing action in name of children; statute of limitations applicable was statute dealing with minors not general two-year period. Villa ex rel. Villa v. Roberts, 80 F.Supp.2d 1229, 1233 (1999).

348. Jury determined plaintiff's injuries were temporary in nature; two-year statute of limitations for tort actions applies. Dougan v. Rossville Drainage Dist., 270 K. 468, 15 P.3d 338 (2000).

349. Two-year statute of limitations has run; service too late; defendant not concealing himself. Morris v. Morris, 27 K.A.2d 1014, 10 P.3d 771 (2000).

350. Statute of limitations for 42 U.S.C. § 1983 claims is two-year limit contained in section. Gragg v. McKune, 28 K.A.2d 256, 16 P.3d 311 (2000).

351. Intentional infliction of emotional distress claim barred by collateral estoppel. Snodderly v. Kansas, 92 F.Supp.2d 1159, 1161 (2000).

352. ERISA (29 U.S.C. 1101) claim barred by statute of limitations. Myers v. Colgate-Palmolive Co., 102 F.Supp.2d 1208, 1225 (2000).

353. Securities fraud claims accrued when trust learned that trust assets had been transferred. Bagby v. Merril Lynch, Pierce, Fenner & Smith, 104 F.Supp.2d 1294, 1298 (2000).

354. All KPLA (60-3301 et seq.) legal theories of product liability governed by two-year statute of limitations. Pedro v. Armour Swift-Ekrich, 118 F.Supp.2d 1155, 1158 (2000).

355. Two-year state statute of limitations for injury to the rights of another applied to 42 U.S.C.A. 1983 claim. Laurino Tate, 220 F.3d 1213, 1216 (2000).

356. Statute of limitations is not tolled during pendency of litigation seeking to have same matter adjudicated on another basis. Braun v. Roth, 28 K.A.2d 468, 18 P.3d 241 (2001).

357. Statute imposing two-year limitation period on actions for injuries to rights of another applied to 42 U.S.C.A. 1983 action. Ratts v. Board of County Com'r, Harvey County, KS., 141 F.Supp.2d 1289, 1300 (2001).

358. Fact issue concerning whether cigarette manufacturers fraudulently concealed addictive nature of cigarettes precluded summary judgment. Burton v. R.J. Reynolds Tobacco Co., 181 F.Supp.2d 1256, 1268 (2002).

359. Tortious interference claim construed as defamation claim barred by statute of limitations. Sports Unlimited v. Lankford Enterprises, 275 F.3d 996, 1000 (2002).

360. Plaintiffs' claims were barred by statute of repose; fraud not alleged; defendant's motion to dismiss granted. Stark v. Mercantile Bank N.A., 29 K.A.2d 717, 33 P.3d 609 (2000).

361. Summary judgment reversed; time when plaintiff became aware she had sustained injury by defendant's actions is question of fact for jury. Hall v. Miller, 29 K.A.2d 1066, 36 P.3d 328 (2001).

362. Two-year statute of limitations applied to plaintiff's race discrimination claim against former employer. Hill v. McHenry, 211 F.Supp.2d 1267, 1274 (2002).

363. Two-year statute of limitations applied to federal civil rights action. Henderson v. Montgomery County, Kansas, Bd., 213 F.Supp.2d 1262, 1273 (2002).

364. Fraudulent concealment claim against doctor accrued more than two years prior to patient's filing of complaint. Bradley v. Val-Mejias, 238 F.Supp.2d 1242, 1249 (2002).

365. Plaintiff's claims of disparate treatment were time-barred under personal injury statute of limitations. DeLatorre v. Minner, 238 F.Supp.2d 1280, 1281 (2002).

366. Two year statute of limitations had run under 60-513; three year statute of limitations under 60-512, based on implied contractual immunity, no help to appellant as master must be without fault in order to recover against its agent. Med James, Inc. v. Barnes, 31 K.A.2d 89, 61 P.3d 86 (2003).

367. Summary judgment affirmed; plaintiff is not a public body, two-year statute of limitations applies. University of Kansas Mem. Corp. v. Kansas Power & Light Co., 31 K.A.2d 177, 61 P.3d 741 (2003).

368. Two-year statute of limitations applies in action for an accounting between cotenants. Heller v. Heller, 30 K.A.2d 481, 45 P.3d 859 (2002).

369. Summary judgment affirmed on tort claims based on running of statute of limitations but reversed with respect to contract claims. Roof-Techs Int'l, Inc. v. State, 30 K.A.2d 1184, 57 P.3d 538 (2002).

370. 60-515 extends statute of limitations set forth in 60-513 and cannot be used to shorten time for filing suit. Smith v. Yell Bell Taxi, Inc., 276 K. 305, 75 P.3d 1222 (2003).

371. Tort claims against fourth-party defendant were not time-barred. Philipine American Life Ins. v. Raytheon Aircraft, 252 F.Supp.2d 1138, 1146 (2003).

372. Plaintiff debtor's claim for intentional infliction of emotional distress against bank were time-barred. Lowe v. Surpas Resource Corp., 253 F.Supp.2d 1209, 1248 (2003).

373. Material fact issue concerning when statute of limitations was triggered precluded summary judgment. Kansas Wastewater, Inc. v. Alliant Techsystems, 257 F.Supp.2d 1344, 1349 (2003).

374. Bivens claims by defendant were time-barred. Logan v. U.S., 272 F.Supp.2d 1182, 1185 (2003).

375. Defendant's death did not constitute act of concealment for statute of limitation purposes. Moore v. Luther ex rel. Luther, 291 F.Supp.2d 1194, 1199 (2003).

376. Former debtor allegedly injured by drug which became property of bankruptcy estate did not hold accrued cause of action. In re Smith, 293 B.R. 786, 789 (2003).

377. Discovery rule in fraud claim did not apply to investors' action alleging sale of unregistered securities. Perry H. Bacon Trust v. Transition Partners, Ltd., 298 F.Supp.2d 1182, 1189 (2004).

378. Service on separately named codefendant did not constitute service on other defendant. Wheat v. Kinslow, 316 F.Supp.2d 944, 951 (2003).

379. No wrongful death action if person injured by medical malpractice survives more than four years beyond negligent act. Natalini v. Little, 278 K. 140, 92 P.3d 567 (2004).

380. Statute of limitations for claim of outrage and intentional infliction of emotional distress is two years. Hallam v. Mercy Health Center of Manhattan, Inc., 278 K. 339, 97 P.3d 492 (2004).

381. Accrual of cause of action based on constructive discharge begins to run at time plaintiff tendered his resignation or plan to retire. Whye v. City Council for the City of Topeka, 278 K. 458, 102 P.3d 384 (2004).

382. Statute of repose barred claim that railroad illegally dumped batteries on plaintiffs land. Pagel v. Burlington Northern Santa Fe Ry. Co., 316 F.Supp.2d 984, 988 (2004).

383. Fact issue concerning whether licensee's fraud and misrepresentation claims were time-barred precluded summary judgment. Evolution, Inc. v. Suntrust Bank, 342 F.Supp.2d 943, 972 (2004).

384. Medical malpractice claim accrued on date patient consulted with diagnosing physician for limitation purposes. Bradley v. Val-Mejias, 379 F.3d 892, 897 (2004).

385. State statute of repose was substantive and governed in diversity action. Baughn v. Eli Lilly and Co., 356 F.Supp.2d 1166, 1169 (2005).

386. Plaintiff's breach of contract claim was not extended by continuing tort doctrine rendering claim untimely. Cline v. Southern Star Cent. Gas Pipeline, Inc., 356 F.Supp.2d 1203, 1211 (2005).

387. Plaintiff smoker's addiction-based negligent failure to warn claim was not barred by statute of limitations. Burton v. R.J. Reynolds Tobacco Co., 397 F.3d 906, 914 (2005).

388. Constructive notice of fraud sufficient to start running of statute of limitation. Sutton v. Sutton, 34 K.A.2d 357, 118 P.3d 700 (2005).

389. Plaintiff's negligence claim against property insurer was time-barred. Home Quest Mortg. v. American Family Mut. Ins., 393 F.Supp.2d 1096, 1099 (2005).

390. Fact issues precluded summary judgment on fraudulent concealment claim based on statute of limitations. Great Plains Christian Radio v. Central Tower, 399 F.Supp.2d 1185, 1198 (2005).

391. Tortious inference and misappropriation of trade secrets claim held to be time-barred. Bradbury Co., Inc. v. Teissier-Ducros, 413 F.Supp.2d 1203, 1207 (2006).

392. Cause of action for legal malpractice did not accrue until plaintiff suffered injury. Moss v. Mamalis, 36 K.A.2d 151, 158, 138 P.3d 380 (2006).

393. Statute of limitations applicable where plaintiff failed to allege discovery rule barred its application. Spicer v. New Image Intern., Inc., 447 F.Supp.2d 1226, 1234 (2006).

394. Plaintiff's state-law claims untimely, injury having occurred more than four years before claim filed. Cory v. Aztec Steel Bldg., Inc., 468 F.3d 1226, 1234 (10th Cir. 2006).

395. Cited in request for 30-day extension for service of process. Finley v. Estate of DeGrazio, 285 K. 202, 170 P.3d 407 (2007).

396. Discoverability rule of subsection (b) not applicable to Kansas consumer protection act claims. Four Seasons Apts. v. AAA Glass Services, Inc., 37 K.A.2d 248, 251, 152 P.3d 101 (2007).

397. Action hereunder must be brought in two years unless the statutes of limitation is tolled. Underhill v. Thompson, 37 K.A.2d 870, 875, 158 P.3d 987 (2007).

398. Mention in action involving interpretation of antenuptial agreement; statute inapplicable to estate property. Estate of Draper v. Bank of America, 38 K.A.2d 183, 186, 164 P.3d 827 (2007).

399. Statute of limitation of accounting claim is two years from when act causes injury or becomes reasonably ascertainable. First State Bank v. Daniel and Associates, P.C., 478 F.Supp.2d 1278, 1283 (2007).

400. Suit filed within two-year statute, service of process after 120 days recognized as sufficient. Spiess v. Meyers, 483 F.Supp.2d 1082, 1097 (2007).

401. Cited; negligent misrepresentation case discussing when fact of injury is reasonably ascertainable. First State Bank v. Daniel and Associates, P.C., 491 F.Supp.2d 1033, 1039 (2007).

402. Statute of limitation for action under Kansas Consumer Protection Act is three years. Thompson v. Jiffy Lube Intern., Inc., 505 F.Supp.2d 907, 924 (2007).

403. Two-year statute for conversion claim and three-year statute for unjust enrichment; when injury ascertainable. Northern Natural Gas Co. v. Nash Oil and Gas Inc., 506 F.Supp.2d 520, 525 (2007).

404. Summary judgment denied on purported fraud by title company overcharge of real estate recording fees. Doll v. Chicago Title Ins. Co., 517 F.Supp.2d 1273, 1275, 1281 (2007).

405. Defendant failed to meet burden of establishing that bank suffered damages when credit extended. First State Bank v. Daniel and Associates P.C., 519 F.Supp.2d 1157, 1162 (2007).

406. Fraud is discovered at time of actual discovery or when, with reasonable diligence, the fraud could have been discovered. Culp v. Timothy M. Sifers, M.D., P.A., 533 F.Supp.2d 1119 (2007).

407. Wrongful death action filed more than two years after death; under facts, summary judgment improper. Dreiling v. Davis, 38 K.A.2d 997, 999, 1001–1003, 176 P.3d 197 (2008).

408. Cited; statute of limitation begins to run on a battery claim at time of touching even if consent vitiated by fraud. Kelly v. VanZant, 287 K. 509, 525, 527, 528, 197 P.3d 803 (2008).

409. Medical malpractice, wrongful death and fraud claims subject to two-year statute of limitation; discovery and tolling provisions applied. Bonura v. Sifers, 39 K.A.2d 617, 618, 622, 629, 630, 181 P.3d 1277 (2008).

410. Cited in discussion of applicable statute of limitation involving subrogation under K.S.A. 40-284(f). Farm Bureau Mut. Ins. Co. v. Progressive Direct Ins. Co., 40 K.A.2d 123, 131, 190 P.3d 989 (2008).

411. Cited; subsection (b) mentioned in discussion of when a tort action accrues. Jeanes v. Bank of America, 40 K.A.2d 281, 298, 191 P.3d 325 (2008).

412. Malpractice action fraud claim, defendant's summary judgment denied; when injury discovered a fact issue. Thomas v. Sifers, 535 F.Supp.2d 1200, 1206, 1207, 1209 (2008).

413. Injury is "reasonably ascertainable" when such notice would permit person to discover injury with use of due diligence. Hutton v. Deutsche Bank, AG, 541 F.Supp.2d 1166, 1169 (2008).

414. Cited in case discussion on statute of limitations on alleged improper expenditures by father of child's settlement money. In re Tatro, 387 B.R. 833, 844 (2008).

415. Cause of action for conversion; court discusses and applies principles for when fact of injury becomes reasonably ascertainable. Northern Natural Gas Co. v. Nash Oil and Gas, Inc., 526 F.3d 626, 630 (2008).

416. Section held inapplicable in action by executor to seek constructive trust on assets; unjust enrichment K.S.A. 60-512 applied. Estate of Draper v. Bank of America, 288 K. 510, 205 P.3d 698 (2009).

417. Court disapproves prior state case law that fails to provide just compensation for property damaged for public use. Estate of Kirkpatrick v. City of Olathe, 289 K. 554, 215 P.3d 561 (2009).

418. Negligence claim barred by statute of repose; differences between statute of limitation and statute of repose discussed. O'Neil v. Durham, 41 K.A.2d 540, 203 P.3d 68 (2009).

419. Commencement of survival action within two years following death rendered timely. Martin v. Naik, 43 K.A.2d 591, 228 P.3d 1092 (2010).

420. Plaintiff's wrongful death action meets statutory prerequisite. Martin v. Naik, 43 K.A.2d 591, 228 P.3d 1092 (2010).

421. Statute of limitations barring tort claim by landowner against pipeline company not tolled by landowner's alleged incapacity. Southern Star Cent. Gas Pipeline, Inc. v. Cline, 754 F.Supp.2d 1257 (D. Kan. 2010).

422. Doctrine of equitable estoppel did not apply to bar application of statute of repose in insured's action against disability insurer. Karlin v. Paul Revere Life Ins. Co., 742 F.Supp.2d 1253 (D. Kan. 2010).

423. Ten-year statute of repose governing trust beneficiary's claims against trustee began to run from date property was allegedly sold and converted. Hemphill v. Shore, 44 K.A.2d 595, 239 P.3d 885 (2010).

424. Statutes of repose governing trust beneficiary's claims began to run from date property allegedly sold and converted. Hemphill v. Shore, 44 K.A.2d 595, 239 P.3d 885 (2010).

425. Determination of when the fact of injury was reasonably ascertainable by plaintiff is necessary to decide on statute of limitation issue. Osterhaus v. Toth, 291 K. 759, 249 P.3d 888 (2011).

426. Kansas savings statute applied to negligence action brought in Kansas federal district court by estate of automobile passenger. Cooper v. Old Dominion Freight Line, Inc., 781 F.Supp.2d 1177 (D. Kan. 2011).

427. A statute of repose imposes a 10-year drop-dead date for certain tort actions. Dunn v. Dunn, 47 K.A.2d 619, 281 P.3d 540 (2012).

428. The discovery exception does not apply to a claim for reformation of contract based on an alleged mutual mistake. Law v. Law Company Building Assocs., 295 K. 551, 289 P.3d 1066 (2012).

429. Ten-year statute of repose governing trust beneficiary's claims against trustee inapplicable for claim of constructive fraud against trustee. Hemphill v. Shore, 295 K. 1110, 289 P.3d 1173 (2012).

430. Grandparent's § 1983 claims against social worker arising out of grandchild's death accrued and two year statute of limitations began to run on the date of the child's death. Estate of B.I.C. v. Gillen, 702 F.3d 1182 (10th Cir. 2012).

431. Negligence claim by ERISA plan participants did not accrue for limitations purposes until the company collapsed. Enneking v. Schmidt Builders Supply Inc., 875 F.Supp.2d 1274 (D. Kan. 2012).

432. Person must have a reasonably ascertainable injury to justify an action for damages. Michaelis v. Farrell, 48 K.A.2d 624, 296 P.3d 439 (2013).

433. A criminal defendant's cause of action accrues when the defendant is exonerated through post-conviction relief. Mashaney v. Board of Indigents' Defense Services, 49 K.A.2d 596, 313 P.3d 64 (2013).

434. The fact a particular patient is incapacitated, which would be a subjective factor, does not affect whether the fact of injury was reasonably ascertainable. Martin v. Naik, 297 K. 241, 300 P.3d 625 (2013).

435. Employment contract obligating employee to bring retaliatory discharge claim for exercising workers compensation rights within 6 months of termination deemed void and against public policy. Pfeifer v. Federal Express Corporation, 297 K. 547, 304 P.3d 1226 (2013).

436. Dismissal of indemnity and negligence claim on limitations grounds was not warranted when the time of party's cause of injuries could not be resolved by the record. Unified Sch. Dist. 467 v. Leland A. Gray Architects, LLC, 112 F.Supp.3d 1223, 1231 (D. Kan. 2015).

437. Federal rehabilitation act claims arising in Kansas are subject to the two-year statute of limitations prescribed under section for claims for injury to personal rights. Levy v. Kansas Dep't of Soc. & Rehab. Servs., 789 F.Supp.3d 1164, 1171-74 (10th Cir. 2015).

438. Genuine issues of material fact existed whether trees and vegetation allegedly obstructing line of sight at railroad crossing changed in the 10 years before the accident, precluding summary judgment in wrongful death action. Stonebarger v. Union Pac. R.R., 76 F.Supp.3d 1228, 1250 (D. Kan. 2015).

439. A criminal defendant is exonerated for accrual purposes of a civil legal malpractice claim against counsel on the date a court grants relief from the conviction on the basis of ineffective assistance of counsel. Mahaney v. Bd. of Indigents' Def. Servs., 302 K. 625, 638, 355 P.3d 667 (2015).

440. Two-year statute of limitations commences when injury becomes reasonably ascertainable to the injured party when mining occurs below ground level. Armstrong v. Bromley Quarry & Asphalt, Inc., 305 K. 16, 28, 378 P.3d 1090 (2016).

441. Because a reasonable jury could conclude from the facts that defendant made changes to an area within the last 10 years and that is where the tort occurred, the statute of repose does not bar plaintiff's negligence claim to the extent the claim alleges the tort occurred strictly where the changes to the area took place. Kaminski v. U.S., 218 F.Supp.3d 1251, 1266 (D. Kan. 2016).

442. Defendant's claims were timely, having been timely filed in the federal court and then filed in the state court within six months of dismissal; K.S.A. 60-518 applies even if the first action was not filed in a Kansas state court. Watco Companies, Inc. v. Campbell, 52 K.A.2d 602, 615, 371 P.3d 360 (2016).

443. Debtor's cause of action did not accrue until after chapter 13 bankruptcy case closed and was not part of bankruptcy estate because debtor did not discover a potential problem with pelvic mesh device until after discharge and bankruptcy case was closed. In re Purcell, 573 B.R. 859 (Bkrtcy. D. Kan. 2017).

444. The last act giving rise to a cause of action starts the running of the statute of repose clock, and the clock does not restart with the last contact between the plaintiff and the defendant. Deters v. Nemaha-Marshall Elec. Coop. Ass'n, 56 K.A.2d 1170, 1180-81, 443 P.3d 1086 (2019).

445. The statute of limitations begins to run when the fact of injury becomes reasonably ascertainable to the injured party, not when the injured party discovers who caused the injury. Foxfield Villa Assocs., LLC v. Robben, 57 K.A.2d 122, 129, 449 P.3d 1210 (2019).

446. Claims do not relate back to the date of filing an original complaint unless plaintiff demonstrates that, but for a mistake concerning the proper party's identity, they would have included the new plaintiffs in the original complaint. Pipeline Productions Inc., v. Madison Companies, 428 F. Supp. 3d 591, 600 (D. Kan. 2019).


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