60-3509.
Tolling of statute of limitations.
In those cases before a screening panel which have not been formalized by filing a petition in a court of law, the filing of a memorandum requesting the convening of a screening panel shall toll any applicable statute of limitations and such statute of limitations shall remain tolled until 30 days after the screening panel has issued its written recommendations.
History:
L. 1987, ch. 214, § 9; July 1.
Notes of Decisions
Cited in
4
cases, 2003–2006 · leading case:
Roy v. Young, 93 P.3d 712 (Kan. 2004).
Roy v. Young, 93 P.3d 712 (Kan. 2004).
· cites it 7× “• K.S.A. 60-3509 provides: “In those cases before a screening panel which have not been formalized by fifing a petition in a court of law, the fifing of a memorandum requesting the convening of a screening panel shall toll any applicable statute of limitations and such statute…”
Helene Eichenwald v. Stephen Bradley Small, 321 F.3d 733 (8th Cir. 2003).
· cites it 5× “The district court further held that there were no grounds for tolling the five-year Missouri statute of limitations and, more specifically, that the Kansas screening panel tolling statute, Kan. Stat. Ann. § 60-3509 , “ha[d] no effect on the running of the Missouri statute of…”
Smith v. Graham, 147 P.3d 859 (Kan. 2006).
· cites it 3× “3d 712 (2004), this court determined that the legislature’s intent in framing K.S.A. 60-3509 as it did “was to toll the statute of limitations for cases that had not been filed in court because without a tolling mechanism the limitations period might well run during the pendency…”
Helene Eichenwald v. Stephen Small, No. 01-3759 (8th Cir. Mar. 7, 2003).
· cites it 5× “The district court further held that there were no grounds for tolling the five- year Missouri statute of limitations and, more specifically, that the Kansas screening panel tolling statute, Kan. Stat. Ann. § 60-3509 , “ha[d] no effect on the running of the Missouri statute of…”
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