History:
L. 1976, ch. 1, § 20; Repealed, L. 1986, ch. 8, § 2; April 17.
CASE ANNOTATIONS
1. Requiring notice to county attorney before filing suit violates due process and equal protection clauses of constitutions. Barr v. Terminix Int'l, Inc., 237 Kan. 82, 84, 697 P.2d 1276 (1985); Ernest v. Faler, 237 Kan. 125, 134, 697 P.2d 870 (1985).
2. Cited; whether applying K.S.A. 17-5831 retroactively amounts to taking of property without due process examined. Resolution Trust Corp. v. Fleischer, 257 Kan. 360, 375, 892 P.2d 497 (1995).
Ernest v. Faler, 697 P.2d 870 (Kan. 1985). · cites it 18דThe defendant filed a motion for summary judgment based upon the failure of the plaintiff to comply with the provisions of K.S.A. 2-2457, which provides as follows: 2-2457.”
Farley v. Engelken, 740 P.2d 1058 (Kan. 1987). · cites it 4ד2-2457 required a person damaged from a pesticide application to file, within 60 days after the date the damage was discovered, a written statement with the county attorney that he had been damaged in order to maintain a civil action to recover damages.”
Evans v. Boyle Flying Serv., Inc., 680 So. 2d 821 (Miss. 1996). · cites it 2דHowever, the Kansas statute controlling the requirements for a person to make a negligence claim founded in negligent pesticide application by a cropduster, K.S.A. 2-2457, also required that the injured person give notice to the county attorney "within sixty days after the date…”
Resolution Trust Corp. v. Fleischer, 892 P.2d 497 (Kan. 1995). · cites it 2דWe held unconstitutional a statute, K.S.A. 2-2457 (Ensley), which required a person damaged from a pesticide application to file a written statement of damage with the county attorney within 60 days of the damage discovery in order to maintain a civil action to recover damages.”
Adams v. St. Francis Reg'l Med. Ctr., 955 P.2d 1169 (Kan. 1998). · cites it 2ד" We found in Ernest that K.S.A. 2-2457 violated due process by placing an unreasonable impediment to an injured party seeking recovery for the negligent application of chemical pesticides.”
Battrick v. State, 985 P.2d 707 (Kan. 1999). · cites it 2דA special notice form was to be filled out and served on the county attorney, who would then serve notice on the Secretary of Agriculture and on the potential defendant.”
Stephenson v. Sugar Creek Packing & Hartford Ins., 830 P.2d 41 (Kan. 1992). “2d 870 (1985), which reversed the summary judgment entered against a plaintiff, who was damaged by a pesticide application, for failure to file notice as required by K.S.A. 2-2457. Applying Justice Prager’s reasoning to the abrogation of the collateral source rule, this court in…”
Barr v. Terminix Int'l, Inc., 697 P.2d 1276 (Kan. 1985). · cites it 5דAfter discovery was completed, defendant filed a motion for summary judgment on the basis that the plaintiffs had failed to comply with K.S.A. 2-2457, which provides as follows: “2-2457.”
Bill Evans v. Boyle Flying Serv Inc (Miss. 1993). · cites it 2דHowever, the Kansas statute controlling the requirements for a person to make a negligence claim founded in negligent pesticide application by a cropduster, K.S.A. 2-2457, also required that the injured person give notice to the county attorney "within sixty days after the date…”
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