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60-515. Persons under legal disability. (a) Effect. Except as provided in K.S.A. 60-523, if any person entitled to bring an action, other than for the recovery of real property or a penalty or a forfeiture, at the time the cause of action accrued or at any time during the period the statute of limitations is running, is less than 18 years of age, an incapacitated person or imprisoned for a term less than such person's natural life, such person shall be entitled to bring such action within one year after the person's disability is removed, except that no such action shall be commenced by or on behalf of any person under the disability more than eight years after the time of the act giving rise to the cause of action.

Notwithstanding the foregoing provision, if a person imprisoned for any term has access to the court for purposes of bringing an action, such person shall not be deemed to be under legal disability.

(b) Death of person under disability. If any person entitled to bring an action dies during the continuance of any disability specified in subsection (a) and no determination is made of the cause of action accrued to the deceased, any person entitled to claim from, by or under the deceased, may commence such action within one year after the deceased's death, but in no event shall any such action be commenced more than eight years beyond the time of the act giving rise to the cause of action.

History: L. 1963, ch. 303, 60-515; L. 1965, ch. 354, § 13; L. 1972, ch. 161, § 15; L. 1976, ch. 254, § 3; L. 1981, ch. 234, § 1; L. 1992, ch. 307, § 2; July 1.

Source or prior law:

(a). G.S. 1868, ch. 80, § 19; L. 1909, ch. 182, § 18; R.S. 1923, 60-307.

Law Review and Bar Journal References:

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

1965 amendment mentioned, John William Strong, 14 K.L.R. 341, 342 (1965).

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

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

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

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

"Give a Kid a Chance," Michael D. Hepperly, XIV J.K.T.L.A. No. 1, 11 (1990).

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

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

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-307 and the 1961 Supp. thereto.

1. 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.

2. 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.

3. The legal disability of persons under age twenty-one is not affected by 38-101 relating to age of majority of married persons. Gifford v. Saunders, 207 K. 360, 361, 362, 363, 485 P.2d 195.

4. Subsection (a) cited; plaintiff required to bring action as "incapacitated person" within one year after disability is removed. Seymour v. Lofgreen, 209 K. 72, 76, 78, 495 P.2d 969.

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

6. Minor children not barred by section even though mother barred. Frost v. Hardin, 1 K.A.2d 464, 465, 467, 571 P.2d 11.

7. Section construed in holding that a "Waiver of Statute of Limitations Agreement" was an "applicable statute" under 60-206. Barnes v. Gideon, 224 K. 6, 578 P.2d 685.

8. Section cited; private contract held not "applicable statute" under 60-206; claim filed was untimely. Barnes v. Gideon, 1 K.A.2d 517, 571 P.2d 42. Reversed: 224 K. 6, 578 P.2d 685.

9. Section cited; not applicable in suit for reimbursement of support payments. Stapel v. Stapel, 4 K.A.2d 19, 21, 601 P.2d 1176.

10. Elimination of parent-child immunity from suit by majority is based on existence of mandatory motor vehicle liability insurance (dissenting opinion). Nocktonick v. Nocktonick, 227 K. 758, 776, 611 P.2d 135.

11. Statute of limitations not extended by subsection (a); tolled only if disability occurs prior to expiration of limit. Lewis v. Shuck, 5 K.A.2d 649, 650, 651, 652, 623 P.2d 520.

12. Tolling of statute for person imprisoned for term less than natural life. Brown v. Bigger, 622 F.2d 1025, 1026.

13. Statute of limitations tolled while plaintiff was in prison. Miller v. City of Overland Park, 231 K. 557, 561, 646 P.2d 1114 (1982).

14. Constitutionality upheld; 8-year limit meets the rational basis test. Wheeler v. Lenski, 8 K.A.2d 408, 409, 410, 411, 658 P.2d 1056 (1983).

15. In action involving health care provider services rendered for mother; limitation of action by minor children considered. Brubaker v. Cavanaugh, 542 F.Supp. 944, 947 (1982).

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

17. Where damage to teeth of minor from ingesting tetracycline alleged, applicability of section (a) discussed. Cowan by Cowan v. Lederle Laboratories, 604 F.Supp. 438, 441, 443 (1985).

18. Federal claim not barred where suit filed on plaintiff's 19 th birthday. Hayes through Hayes v. Unified School Dist. 377, 669 F.Supp. 1519, 1531 (1987).

19. 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).

20. Act giving rise to cause of action triggering eight-year discovery period occurred when plaintiffs first exposed to defendants' negligence. Gilger v. Lee Constr., Inc., 14 K.A.2d 679, 694, 798 P.2d 495 (1990).

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

22. Subsection (a) triggers the eight-year limitation for minors on the date of the negligent act. Gilger v. Lee Constr. Co., 249 K. 307, 310, 319, 820 P.2d 390 (1991).

23. To raise legal disability tolling provision party must plead facts justifying application. Gardner v. Toyota Motor Sales, 793 F.Supp. 287, 288, 289, 290, 291 (1992).

24. Federal civil rights action not tolled by state statute of limitations during plaintiff's incarceration. Brodock v. Kansas Parole Board, 804 F.Supp. 185, 186, 187 (1992).

25. Whether plaintiff's claims arising from childhood sexual abuse were barred by statute of repose examined. Swartz v. Swartz, 257 K.A.2d 704, 705, 894 P.2d 209 (1995).

26. If minor files product liability action beyond subsection (a) deadline claim is subject to rules for persons not under legal disability. Dierksen v. Navistar Intern. Transp. Corp., 912 F.Supp. 480, 481 (1996).

27. Motion to dismiss on statute of limitations grounds denied on condition plaintiff file amended complaint asserting incapacity. Storts v. Hardee's Food Systems, Inc., 919 F.Supp. 1513, 1522 (1996).

28. Statute of repose for minors provided for in subsection (a) does not violate due process or equal protection. Elliott v. Dillon Companies, 260 K. 411, 494, 918 P.2d 1305 (1996).

29. Imposition of eight-year statute of repose does not violate equal protection or due process. Ripley v. Tolbert, 260 K. 491, 494, 507, 921 P.2d 1210 (1996).

30. Subsection (a) one-year time limit is a statute of limitations; subsection (a) eight-year time limit is a statute of repose. Shirley v. Reif, 260 K. 514, 516, 920 P.2d 405 (1996).

31. 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, 203, 208, 211, 929 P.2d 754 (1996).

32. 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).

33. 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).

34. Statute of limitations not tolled where prisoner, although in jail, was not denied access to court of state. Bulmer v. Bowling, 27 K.A.2d 376, 4 P.3d 637 (2000).

35. 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).

36. Plaintiff failed to meet requirements justifying telling of statute of limitations based upon legal incapacitation. Lowe v. Surpas Resource Corp., 253 F.Supp.2d 1209, 1249 (2003).

37. Claim of tolling limitations period could not be raised on motion to dismiss. Reindl v. City of Leavenworth, 361 F.Supp.2d 1294, 1300 (2005).

38. Mentioned 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).

39. 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).

40. 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).

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

42. 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).

43. Where female inmate signed a confidentiality agreement agreeing not to speak about sexual assault by prison employee and feared retaliation for filing a claim, a triable issue existed as to whether inmate had access to court and whether statute of limitations had tolled. Keith v. Koerner, 843 F.3d 833, 852 (10 th Cir. 2016).

44. The statute of limitations for a wrongful death claim brought on behalf of a minor child of the deceased is not tolled until the child reaches 18 years of age when the claim is bound by the deceased's contract. Frost v. ADT, LLC, 947 F.3d 1261, 1272 (10 th Cir. 2020).


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