Summary
recognizing a child's right to sue for wrongful death pursuant to K.S.A. 60-515 when mother could not sue because her statute of limitations had lapsed
Summary of this case from Smith v. Yell Bell Taxi, Inc.Opinion
No. 48,518
Opinion filed May 6, 1978.
SYLLABUS BY THE COURT
WRONGFUL DEATH ACT — Minor Children Not Barred by Running of Statute of Limitations against Surviving Spouse.
Review of the judgment of the Court of Appeals in 1 Kan. App. 2d 464, 571 P.2d 11 (1977). Opinion filed May 6, 1978. Judgment of Court of Appeals reversing and remanding is affirmed.
Robert A. Sundblad, of Lafferty, Horowitz Shurin, P.C., of Kansas City, Missouri, argued the cause, and H. George Lafferty, Jr., of the same firm, and Christel Marquardt, of Cosgrove, Webb Oman, of Topeka, were with him on the brief for the appellants.
Shirley Ward Keeler, of Blackwell, Sanders, Matheny, Weary Lombardi, of Kansas City, Missouri, argued the cause, and Larry L. McMullen, of the same firm, and John J. Bukaty, of Kansas City, were with her on the brief for the appellees.
The opinion of the Kansas Court of Appeals in Frost v. Hardin, 1 Kan. App. 2d 464, 571 P.2d 11 (1977), is approved and adopted by the Supreme Court of the State of Kansas.
The opinion of the court was delivered by
This case comes to the court on a Petition for Review. The appeal from the Wyandotte District Court was heard in the Kansas Court of Appeals. Its formal opinion appears in Frost v. Hardin, 1 Kan. App. 2d 464, 571 P.2d 11 (1977). The issue there decided was whether claims by the children of a deceased father in a wrongful death action were barred because the claim of their widowed mother was barred by the statute of limitations. The Court of Appeals concluded the claims of the children were not barred and the judgment of the district court terminating the action should be reversed and the case remanded for further proceedings.
The question decided was one of first impression in this state and concerned the rights of parties under the Kansas wrongful death act, K.S.A. 60-1901, et seq. At the time this court granted the Petition for Review we noted several inconsistencies in the Kansas wrongful death act and determined that the issue presented would justify further scrutiny by this court. We have fully considered the arguments and briefs of the parties in light of the provisions of the act. We approve and adopt the opinion of the Kansas Court of Appeals as written.
The judgment of the district court is reversed and remanded in accordance with the opinion of the Kansas Court of Appeals.