Sleeth v. Sedan City Hosp.Annotate this Case
Plaintiffs filed a wrongful death action against a hospital and its employee after Plaintiffs’ son died from a punctured bowel. The district court dismissed the lawsuit for lack of jurisdiction, concluding (1) the hospital was a municipality as defined by section 12-105a(a); and (2) Plaintiffs failed to comply with the notice requirements under Kan. Stat. Ann. 12-105b(d). The Supreme Court affirmed the district court’s dismissal for lack of jurisdiction, holding (1) compliance with section 12-105b(d) is not achieved when a claimant’s notice fails to provide any statement of monetary damages; (2) the provision in section 12-105b(d) giving a municipality 120 days to investigate and review a claim is a statutory condition precedent to filing a lawsuit, and a claimant’s premature filing of a lawsuit leaves a court without subject matter jurisdiction; and (3) in this case, even if Plaintiffs substantially complied with section 12-105b(d) by providing the hospital with a statement of damages, the district court properly dismissed their case because they prematurely filed it.