60-515.
Persons under legal disability.
(a)
Effect.
Except as provided in K.S.A. 60-523, if any person entitled to bring an action, other than for the recovery of real property or a penalty or a forfeiture, at the time the cause of action accrued or at any time during the period the statute of limitations is running, is less than 18 years of age, an incapacitated person or imprisoned for a term less than such person's natural life, such person shall be entitled to bring such action within one year after the person's disability is removed, except that no such action shall be commenced by or on behalf of any person under the disability more than eight years after the time of the act giving rise to the cause of action.
Notwithstanding the foregoing provision, if a person imprisoned for any term has access to the court for purposes of bringing an action, such person shall not be deemed to be under legal disability.
(b)
Death of person under disability.
If any person entitled to bring an action dies during the continuance of any disability specified in subsection (a) and no determination is made of the cause of action accrued to the deceased, any person entitled to claim from, by or under the deceased, may commence such action within one year after the deceased's death, but in no event shall any such action be commenced more than eight years beyond the time of the act giving rise to the cause of action.
History:
L. 1963, ch. 303, 60-515; L. 1965, ch. 354, § 13; L. 1972, ch. 161, § 15; L. 1976, ch. 254, § 3; L. 1981, ch. 234, § 1; L. 1992, ch. 307, § 2; July 1.
Notes of Decisions
Cited in
114
cases (
27 in the last 5 years), 1969–2026 · leading case:
Martin v. Naik, 300 P.3d 625 (Kan. 2013).
Martin v. Naik, 300 P.3d 625 (Kan. 2013).
· cites it 32× “Consequently, die court considered the disability tolling provision in K.S.A. 60-515. The court concluded: “[Bjecause Curley could not reasonably ascertain the fact of his injury, his medical malpractice claim (the survival action) did not accrue so as to start the statute of…”
Doe v. Popravak, 421 P.3d 760 (Kan. Ct. App. 2017).
· cites it 28× “With that background, let's turn to the two time-limitation statutes that are central to the parties' arguments in this case: K.S.A. 60-515 and K.S.A. 2016 Supp. 60-523.”
Bonin v. Vannaman, 929 P.2d 754 (Kan. 1996).
· cites it 34× “60-523, if any person entitled to bring an action, other than for the recovery of real property or a penalty or a forfeiture, at the time the cause of action accrued or at any time during the period the statute of limitations is running, is less than 18 years of age, an…”
Ripley v. Tolbert, 921 P.2d 1210 (Kan. 1996).
· cites it 17× “If so, the questions are, did the 8-year statute of repose in 60-515(a) bar the plaintiff’s claim before 1992, and was such a bar unconstitutional? K.S.A. 60-515(a), which was amended in 1992 to include the language italicized below when K.”
Biritz v. Williams, 942 P.2d 25 (Kan. 1997).
· cites it 22× “Biritz was incapacitated, disabled and unable to manage his affairs and care for himself all within the meaning and purview of K.S.A. 60-515.” Subsequently, Williams filed a motion for summary judgment, claiming that the 2-year statute of limitations had expired on March 31,…”
Shirley v. Reif, 920 P.2d 405 (Kan. 1996).
· cites it 23× “” K.S.A. 60-515 provides in pertinent part: “(a) Effect.”
Reindl v. City of Leavenworth, 361 F. Supp. 2d 1294 (D. Kan. 2005).
· cites it 21× “§ 12-105b(d) and K.S.A. § 60-515 each provide a basis for tolling the statute of limitations.”
Roy v. Young, 93 P.3d 712 (Kan. 2004).
· cites it 7× “3d 1212 (2003), this court considered the effect of K.S.A. 60-515, which applies to extend the limitations period for persons under a legal disability while the statute of limitations is running.”
Lowe v. Surpas Resource Corp., 253 F. Supp. 2d 1209 (D. Kan. 2003).
· cites it 8× “First, she argues that she is disabled and the tolling provisions under K.S.A. § 60-515 apply. This tolling provision provides: [I]f any person entitled to bring an action, other than for the recovery of real property or a penalty or a forfeiture, at the time the cause of action…”
Dierksen Ex Rel. Dierksen v. Navistar Int'l Transp. Corp., 912 F. Supp. 480 (D. Kan. 1996).
· cites it 49× “Defendant’s motion asserts that plaintiffs claims are time-barred under K.S.A. § 60-515. The court heard oral argument on the motions on January 17, 1996, and is now prepared to rule.”
John Doe v. M.J., 508 P.3d 368 (Kan. 2022).
· cites it 5× “The Court of Appeals explained the synthesis of the two statutes in this way: "Unlike K.S.A. 60-515, K.S.A. 2019 Supp. 60-523 does not include an 8-year repose, or any repose, that extinguishes the claims to which it applies.”
— K.S.A. § 60-515(a) — 71 cases
Bonin v. Vannaman, 929 P.2d 754 (Kan. 1996).
“60-523, if any person entitled to bring an action, other than for the recovery of real property or a penalty or a forfeiture, at the time the cause of action accrued or at any time during the period the statute of limitations is running, is less than 18 years of age, an…”
Doe v. Popravak, 421 P.3d 760 (Kan. Ct. App. 2017).
“With that background, let's turn to the two time-limitation statutes that are central to the parties' arguments in this case: K.S.A. 60-515 and K.S.A. 2016 Supp. 60-523.”
Ripley v. Tolbert, 921 P.2d 1210 (Kan. 1996).
“If so, the questions are, did the 8-year statute of repose in 60-515(a) bar the plaintiff’s claim before 1992, and was such a bar unconstitutional? K.S.A. 60-515(a), which was amended in 1992 to include the language italicized below when K.”
Shirley v. Reif, 920 P.2d 405 (Kan. 1996).
“” K.S.A. 60-515 provides in pertinent part: “(a) Effect.”
— K.S.A. § 60-515(b) — 2 cases
Martin v. Naik, 300 P.3d 625 (Kan. 2013).
“Consequently, die court considered the disability tolling provision in K.S.A. 60-515. The court concluded: “[Bjecause Curley could not reasonably ascertain the fact of his injury, his medical malpractice claim (the survival action) did not accrue so as to start the statute of…”
Reindl v. City of Leavenworth, 361 F. Supp. 2d 1294 (D. Kan. 2005).
“§ 12-105b(d) and K.S.A. § 60-515 each provide a basis for tolling the statute of limitations.”
— K.S.A. § 60-515(c) — 2 cases
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