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CONTINENTAL WESTERN INS. CO. v. SHULTZ

No. 103,776.

304 P.3d 1239 (2013)

CONTINENTAL WESTERN INSURANCE COMPANY, Appellant/Cross-appellee, v. Christopher J. SHULTZ; City of Great Bend, Kansas; and City of Great Bend, Kansas, Police Department, Appellees/Cross-appellants.

Supreme Court of Kansas.

July 5, 2013.

Attorney(s) appearing for the Case

Todd B. Butler , of Butler & Associates, P.A., of Topeka, argued the cause, and Stephanie B. Poyer , of the same firm, was with him on the briefs for appellant/cross-appellee.

Gaye B. Tibbets , of Hite, Fanning & Honeyman, LLP, of Wichita, argued the cause, and was on the briefs for appellees/cross-appellants.

The opinion of the court was delivered by BILES, J.:

State law requires anyone bringing a claim against a municipality under the Kansas Tort Claim Act, K.S.A. 75-6101 et seq., to provide that municipality with prior written notice of the claim. K.S.A. 2012 Supp. 12-105b(d). This requirement exists to advise the municipality of the time and place of the injury and allow it to ascertain the character and extent of the injury before suit is filed. Dodge City...

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