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WELLHAUSEN v. UNIVERSITY OF KANSAS

No. 98,663.

189 P.3d 1181 (2008)

John and Donna WELLHAUSEN, as Heirs of Eric Wellhausen, Deceased, Appellants, v. The UNIVERSITY OF KANSAS, Appellee.

Court of Appeals of Kansas.

August 8, 2008.

Attorney(s) appearing for the Case

Andrew B. Protzman and Tony Shapiro, of Shapiro and Protzman, P.A., of Overland Park, for appellants.

Sara L. Trower, associate general counsel and special assistant attorney general, for appellee.

Before McANANY, P.J., GREEN and CAPLINGER, JJ.

CAPLINGER, J.

John and Donna Wellhausen (the Wellhausens) appeal the district court's order granting summary judgment in favor of the University of Kansas (University). The Wellhausens claim the district court erred in finding their wrongful death claim was barred by the discretionary function and design immunity exceptions to the Kansas Tort Claims Act (KTCA), K.S.A. 75-6104(e) and K.S.A. 75-6104(m), respectively.

We hold the district court properly granted...

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