[Download] "Olson v. State Highway Commission" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Olson v. State Highway Commission
- Author : Supreme Court of Kansas
- Release Date : January 24, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The opinion of the court was delivered by Martha Olson, the plaintiff in an action against J.A. Tobin Construction Company (Tobin) and the State Highway Commission, now the Kansas Department of Transportation (KDOT), for damages to her real property resulting from a highway construction project, appeals from a decision of the district court granting summary judgment on the grounds plaintiff's claims were barred by the statute of limitations. The only issue before this court is whether the trial court was correct in its application of the statute of limitations. Plaintiff's petition sought recovery from defendants on theories of negligence and strict liability. She claimed damage to a pond on her property, damage to the foundation and cistern of her new house, and the destruction of fences along part of her land. Reading the record in the light most favorable to the plaintiff, the party who defended against the motion for summary judgment, as we must on appeal (McAlister v. Atlantic Richfield Co., 233 Kan. 252, Syl. ¶ 4, 662 P.2d 1203 [1983]), the facts of this case are as follows.
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