ROCKERS v. KANSAS TURNPIKE AUTHORITY

No. 81,558.

268 Kan. 110 (1999)

991 P.2d 889

DANA R. ROCKERS, Appellant, v. KANSAS TURNPIKE AUTHORITY, Appellee.

Supreme Court of Kansas.

Opinion filed November 5, 1999.


Attorney(s) appearing for the Case

David O. Alegria, of McCullough, Wareheim & LaBunker, P.A., of Topeka, argued the cause and was on the briefs for appellant.

C. Matt Swafford, of Polsinelli, White, Vardeman & Shalton, of Topeka, argued the cause, and William W. Sneed and Teresa L. Sittenauer, of the same firm, were on the brief for appellee.


The opinion of the court was delivered by

LARSON, J.:

This appeal requires us to decide whether the Kansas Turnpike Authority (KTA) is a municipality upon which a notice of claim must be served pursuant to K.S.A. 12-105b(d). If the KTA is not a municipality and a notice of claim was not required, the statute of limitations has expired on Dana R. Rockers' petition unless the KTA is equitably estopped from utilizing...

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