History:
L. 1970, ch. 200, § 2; L. 1978, ch. 202, § 1; Repealed, L. 1979, ch. 186, § 33; July 1.
CASE ANNOTATIONS
1. Provisions noted as not applying to or changing liability of local units of government. Allen v. City of Ogden, 210 Kan. 136, 138, 499 P.2d 527.
2. Immunity does not extend to public officers acting outside scope of authority; summary judgment denied. Kern v. Miller, 216 Kan. 724, 725, 533 P.2d 1244.
3. Where genuine issues of material fact in action sounding in both tort and contract, summary judgment improper. Brown v. Wichita State University, 217 Kan. 661, 663, 666, 538 P.2d 713. Affirmed: 219 Kan. 2, 4, 547 P.2d 1015.
4. Doctrine of governmental immunity unconstitutional; violation of due process, equal protection of laws and guarantees of bill of rights; liability for proprietary acts. Brown v. Wichita State University, 217 Kan. 279, 281, 284, 291, 294, 295, 296, 297, 300, 301, 303, 311, 312, 540 P.2d 66; 217 Kan. 661, 663, 666, 538 P.2d 713. Reversed and remanded on rehearing: 219 Kan. 2, 5, 7, 8, 9, 11, 14, 16, 21, 23, 24, 25, 27, 29, 30, 33, 34, 35, 36, 37, 39, 40, 547 P.2d 1015.
5. Opinion of court upholding constitutionality of act adhered to. Whitmire v. Jewell, 223 Kan. 67, 68, 573 P.2d 573.
6. Doctrine of governmental immunity for negligent acts of municipal officers and employees performing governmental functions abolished. Gorrell v. City of Parsons, 223 Kan. 645, 649, 576 P.2d 616.
7. Section cited; in personal injury action for damages court held "highway defect" statute (K.S.A. 68-301) constitutional. Auberton v. Board of City Com'rs of Woodson Cty., 588 F.2d 781, 782.
8. Cited; Kansas turnpike authority held to be state agency; governmental immunity unconstitutional when applied to highway defects upon Kansas turnpike. Flax v. Kansas Turnpike Authority, 226 Kan. 1, 3, 4, 5, 7, 11, 596 P.2d 446.
9. Paragraph (b) hereunder to apply prospectively; only applicable to causes arising after May 16, 1978. Thome v. City of Newton, 229 Kan. 375, 376, 377, 380, 381, 383, 624 P.2d 454.
10. Statutes constitutional; agency of municipality furnishing water for fire fighting is performing a governmental function and is immune. Cross v. City of Kansas City, 230 Kan. 545, 546, 549, 550, 638 P.2d 933 (1982).
11. Applied; police officers engaged in governmental function. Miller v. City of Overland Park, 231 Kan. 557, 559, 646 P.2d 1114 (1982).
12. Statutes did not apply, but city had common-law duty to keep its streets reasonably safe. Schmeck v. City of Shawnee, 232 Kan. 11, 19, 20, 651 P.2d 585 (1982).
13. Maintenance of courthouse grounds governmental function; county immune from liability while statute in effect. Griggs v. City of Goddard, 233 Kan. 915, 916, 919, 666 P.2d 695 (1983).
Thome v. City of Newton, 624 P.2d 454 (Kan. 1981). · cites it 15דDismissal of the case by the district court was based upon K.S.A. 1978 Supp. 46-902( b ) and the doctrine of governmental immunity as it existed prior to our decision in Gorrell v.”
Cross v. City of Kansas City, 638 P.2d 933 (Kan. 1982). · cites it 17דThe basis of the motion was that due to the doctrine of governmental immunity, as set forth in K.S.A. 1978 Supp. 46-902 and 46-902a, the plaintiffs had failed to state a claim upon which relief could be granted.”
Schmeck v. City of Shawnee, 651 P.2d 585 (Kan. 1982). · cites it 6דThus, from May 16, 1978, to July 1, 1979, immunity was restored for cities, except as to nuisance actions, statutorily-defined actions and actions based upon negligent failure to correct defects in streets. K.”
Brown v. Wichita State Univ., 547 P.2d 1015 (Kan. 1976). · cites it 2ד46-901); liability of all other governmental entities is to be determined under the rule of Carroll (K.S.A. 46-902). By enacting K.S.A. 46-901 et seq.”
Flax v. Kansas Tpk. Auth., 596 P.2d 446 (Kan. 1979). · cites it 2דIn support of her first argument, appellant points out that K.S.A. 46-902, enacted as a part of the same bill as 46-901, specifically includes "authorities" in the statute which provides *5 that the immunity granted in 46-901 will not apply to local units of government.”
Kansas Pub. Employees Ret. Sys. v. Reimer & Koger Assocs., Inc., 941 P.2d 1321 (Kan. 1997). “46-902 was declared to be unconstitutional as denying equal protection of the law, violating the guarantee of due process of the law, and violating the guarantees declared in § 18 of the Kansas Constitution Bill of Rights.”
Brown v. Wichita State Univ., 540 P.2d 66 (Kan. 1975). · cites it 2דBoard of County Commissioners, supra; K.S.A. 46-902.) A city is liable for tortious conduct when engaged in proprietary activities, but enjoys immunity while engaged in governmental activities except for the creation and maintenance of a nuisance and the failure to keep streets…”
Com. Bank of St. Joseph v. State, 833 P.2d 996 (Kan. 1992). “K.S.A. 46-902 (Weeks) specified that the liabilities of local units of government were to be unaffected by this legislative declaration of governmental immunity.”
Gorrell v. City of Parsons, 576 P.2d 616 (Kan. 1978). “K.S.A. 46-902. The immunity of municipalities, then, rests upon judicial decision and not upon the constitution or statutory enactment.”
Anthony Aubertin v. Bd. of Cnty. Commissioners of Woodson Cnty., Kansas, 588 F.2d 781 (10th Cir. 1978). “K.S.A. § 46-902. As above indicated, another statute had for some time provided that a person who without contributing negligence sustained damages by reason of any defective bridge or highway could recover from a county if responsible officials of the county had notice of the…”
Miller v. City of Overland Park, 646 P.2d 1114 (Kan. 1982). “Count II alleging “negligent arrest” was dismissed as failing to state a claim upon which relief could be granted.”
Griggs v. City of Goddard, 666 P.2d 695 (Kan. 1983). · cites it 6ד: This is an interlocutory appeal by defendant Board of County Commissioners of Sedgwick County from the order of the district court overruling said defendant’s motion to dismiss predicated upon governmental immunity pursuant to K.S.A. 1978 Supp. 46-902(¿ ). The uncontroverted…”
Cross v. City of Kansas City, 638 P.2d 933 (Kan. 1982). “The basis of the motion was that due to the doctrine of governmental immunity, as set forth in K.S.A. 1978 Supp. 46-902 and 46-902a, the plaintiffs had failed to state a claim upon which relief could be granted.”
— K.S.A. § 46-902(b) — 2 cases
Cross v. City of Kansas City, 638 P.2d 933 (Kan. 1982). “The basis of the motion was that due to the doctrine of governmental immunity, as set forth in K.S.A. 1978 Supp. 46-902 and 46-902a, the plaintiffs had failed to state a claim upon which relief could be granted.”
Thome v. City of Newton, 624 P.2d 454 (Kan. 1981). “Dismissal of the case by the district court was based upon K.S.A. 1978 Supp. 46-902( b ) and the doctrine of governmental immunity as it existed prior to our decision in Gorrell v.”
— K.S.A. § 46-902(h) — 1 case
Griggs v. City of Goddard, 666 P.2d 695 (Kan. 1983). “: This is an interlocutory appeal by defendant Board of County Commissioners of Sedgwick County from the order of the district court overruling said defendant’s motion to dismiss predicated upon governmental immunity pursuant to K.S.A. 1978 Supp. 46-902(¿ ). The uncontroverted…”
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