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OLSON v. STATE HIGHWAY COMMISSION

No. 54,370

235 Kan. 20 (1984)

679 P.2d 167

MARTHA OLSON, Appellant, v. STATE HIGHWAY COMMISSION OF KANSAS (Secretary of Kansas Department of Transportation), and J.A. TOBIN CONSTRUCTION COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed March 24, 1984.

Attorney(s) appearing for the Case

R. Owen Watchous, of Olathe, argued the cause and was on the brief for appellant.

Lisa E. Schwinn, staff attorney for the Kansas Department of Transportation, argued the cause, and David G. Tittsworth, chief counsel, was with her on the brief for appellee State Highway Commission.

Jeffrey L. Lauersdorf, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause and Richard T. Merker, of the same firm, was with him on the brief for appellee J.A. Tobin Construction Company.

The opinion of the court was delivered by

HOLMES, J.:

Martha Olson, the plaintiff in an action against J.A. Tobin Construction Company (Tobin) and the State Highway Commission, now the Kansas Department of Transportation (KDOT), for damages to her real property resulting from a highway construction project, appeals from a decision of the district court granting summary judgment on the grounds plaintiff's claims were barred by the statute of limitations. The...

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