Martin v. Naik
297 Kan. 241
| Kan. | 2013Background
- Macie Martin sued Naik, M.D. and the Hospital for wrongful death and survival claims based on alleged medical malpractice.
- The case centers on when the statute of limitations begins for wrongful death and survival actions under Kansas law (K.S.A. 60-513).
- The district court held accrual to be April 8, 2004, making both actions time-barred if filed after April 8, 2006; it rejected tolling for disability.
- The Court of Appeals reversed, ruling wrongful death accrued at death and survival accrual depended on disability, tolling, and ascertainment of injury.
- This Court held wrongful death accrues at death unless the fact of death or negligent act was concealed or misrepresented; for the survival action, the Court of Appeals’ reasoning was rejected and the action was held time-barred under the applicable statute of limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does wrongful death accrue under 60-513(c)? | Wrongful death accrues at death, or later if concealment occurred. | Accrues at the act or when injury reasonably ascertainable; death date not decisive. | Accrues at death unless concealment/misrepresentation of death or negligence. |
| When does the medical malpractice survival action accrue for an incapacitated decedent? | Incapacity may delay ascertainment; injury reasonably ascertainable to estate later. | Injury ascertainable to decedent or estate; accrual may occur before death. | Survival action accrues on April 8, 2004 (act date) but is barred by 60-515(b) due to disability and death within a year. |
| What is the proper interpretation of 60-513(c)’s three-part structure? | Treats the exception as objective and read to injured party. | Treats the exception as objective; the injured party language is not read in. | Majority adopts a two-part accrual/run framework with objective ascertainment for accrual and separate limitation period; rejects subjective reading. |
| Does 60-515 toll the limitations period for disability in this context? | K.S.A. 60-515 extends filing for disability; supports survivorship filing. | 60-515 applies only when disability exists at accrual or during running period. | 60-515(b) applies to survivors, giving successors 1 year after death to file; survival action barred. |
Key Cases Cited
- Nesbit v. City of Topeka, 87 Kan. 394 (1912) (accrual of wrongful death at decedent's death; heirs' injury ascertainable then)
- Mason v. Gerin Corp., 231 Kan. 718 (1982) (survival vs. wrongful death accrual; heirs vs. decedent damages)
- Davidson v. Denning, 259 Kan. 659 (1996) (death as starting point; reasonable ascertainment rule for factual injuries)
- Seymour v. Lofgreen, 209 Kan. 72 (1972) (reasonably ascertainable standard; progressive vs. acute injuries; disability considerations)
- Crockett v. Medicalodges, Inc., 247 Kan. 433 (1990) (pre-death accrual allowed under Crockett, later overruled by this decision)