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LEHMAN v. CITY OF TOPEKA

No. 109,694.

323 P.3d 867 (2014)

Gwendolyn LEHMAN, Appellant, v. The CITY OF TOPEKA, Kansas, Appellee.

Court of Appeals of Kansas.

April 4, 2014.

Attorney(s) appearing for the Case

Lawrence W. Williamson, Jr. , of Williamson Law Firm, LLC, of Kansas City, Missouri, for appellant.

Shelly Starr , chief of litigation, City of Topeka, for appellee.

Before HILL, P.J., STANDRIDGE, J., and LARSON, S.J.

STANDRIDGE, J.

Gwendolyn Lehman appeals the district court's decision to dismiss her negligence action against the City of Topeka (the City), arguing the court erred in applying the Kansas saving statute, K.S.A. 60-518, in a manner that failed to save her action filed outside the applicable statute of limitations. Lehman contends the statute of limitations was tolled because (1) she never received notice of the dismissal of the previous case and (2) the automatic...

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