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BIRD v. KANSAS DEPT. OF TRANSPORTATION

No. 74,328.

23 Kan. App.2d 164 (1996)

928 P.2d 915

DR. GALEN D. BIRD and LINDA BIRD, Natural Parents and Heirs at Law of Judy K. Bird, Deceased, Appellants, v. KANSAS DEPARTMENT OF TRANSPORTATION and DEAN CARLSON, SECRETARY OF TRANSPORTATION, Appellees.

Court of Appeals of Kansas.

Opinion filed December 13, 1996.

Attorney(s) appearing for the Case

Gregory A. Dean, of Overland Park, for appellants.

Vicky S. Johnson, staff attorney, and Michael B. Rees, chief counsel, of Kansas Department of Transportation, for appellees.

Before ROYSE, P.J., ROGG, S.J., and EDWARD BOUKER, District Judge, assigned.

ROYSE, J.:

This is a wrongful death action arising out of the death of Judy K. Bird in a one-vehicle accident. Dr. Galen D. Bird and Linda Bird, parents of the decedent, appeal the order of the district court dismissing their action as barred by both the statute of limitations and the Kansas Tort Claims Act.

The first issue on appeal is whether the Birds obtained timely service of process on the Secretary of Transportation. Resolution of this issue requires...

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