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SLEETH v. SEDAN CITY HOSP.

No. 105,876.

317 P.3d 782 (2014)

Linda L. SLEETH and Scott A. Sleeth, Appellants, v. SEDAN CITY HOSPITAL and David Short, Appellees.

Supreme Court of Kansas.

February 7, 2014.

Attorney(s) appearing for the Case

G. Thomas Harris , of Harris Law Office, of Sedan, argued the cause and was on the brief for appellants.

Blake Hudson , of Hudson & Mullies, L.L.C., of Fort Scott, argued the cause was on the briefs for appellees.

Teresa L. Watson and David L. Cooper , of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, were on the brief for amici curiae Kansas Association of Defense Counsel and Kansas Association of Counties.

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

In this wrongful death case against a municipal hospital and its employee, we must resolve widely conflicting opinions by the lower courts regarding whether written notice of the claim was given to the hospital as required before suit was filed. See K.S.A. 2012 Supp. 12-105b(d). The district court dismissed the lawsuit for lack of jurisdiction based on its determination that plaintiffs failed to comply with the...

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