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60-513. Actions limited to two years.

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60-513Chapter 60.--PROCEDURE, CIVIL Article 5.--LIMITATIONS OF ACTIONS60-513. Actions limited to two years.(a) The following actions shall be brought within two years: (1) Anaction for trespass upon real property. (2) An action for taking, detaining or injuring personal property,including actions for the specific recovery thereof. (3) An action for relief on the ground of fraud, but the cause of actionshall not be deemed to have accrued until the fraud is discovered. (4) An action for injury to the rights of another, not arising oncontract, and not herein enumerated. (5) An action for wrongful death. (6) An action to recover for an ionizing radiation injury asprovided in K.S.A. 60-513a, 60-513b and 60-513c, and amendments thereto. (7) An action arising out of the rendering of or failure to renderprofessional services by a health care provider, not arising on contract. (b) Except as provided in subsections (c) and (d),the causes of actionlisted in subsection(a) shall not be deemed to have accrueduntil the act giving rise to the cause of action first causes substantialinjury, or, if the fact of injury is not reasonably ascertainable untilsome time after the initial act, then the period of limitation shall notcommence until the fact of injury becomes reasonably ascertainable to theinjured party, but in no event shall an action be commenced more than10 years beyond the time of theact giving rise to the cause of action. (c) A cause of action arising out of the rendering of or the failureto render professional services by a health care provider shall be deemedto have accrued at the time of the occurrence of the act giving rise tothe cause of action, unless the fact of injury is not reasonably ascertainableuntil some time after the initial act, then the period of limitation shallnot commence until the fact of injury becomes reasonably ascertainable to theinjured party, but in no event shall such an action be commenced more thanfour years beyond the time of the act giving rise to the cause of action. (d) A negligence cause of action by a corporation or association againstanofficer or director of the corporation or association shall not be deemed tohave accrued until the act giving rise to the cause of action first causessubstantial injury, or, if the fact of injury is not reasonably ascertainableuntil some time after the initial act, then the period of limitation shall notcommence until the fact of injury becomes reasonably ascertainable to theinjured party, but in no event shall such an action be commenced more than fiveyears beyond the time of the act giving rise to the cause of action.All othercauses of action by a corporation or association against an officer or directorof the corporation or association shall not be deemed to have accrued until theact giving rise to the cause of action first causes substantial injury andthere exists a disinterested majority of nonculpable directors of thecorporation or association, or, if the fact of injury is not reasonablyascertainable until some time after the initial act, then the period oflimitation shall not commence until the fact of injury becomes reasonablyascertainable and there exists a disinterestedmajority of nonculpable directors of the corporation or association, but in noevent shall such an action be commenced more than 10 years beyond the time ofthe act giving rise to the cause of action.For purposes of this subsection,the term "negligence cause of action" shall not include a cause of actionseeking monetary damages for any breach of the officer's or director's duty ofloyalty to the corporation or association, for acts or omissions not in goodfaith or which involve intentional misconduct or a knowing violation of law,for liability under K.S.A. 17-5812, 17-6410, 17-6423, 17-6424 or 17-6603 andamendments thereto, or for any transaction from which the officer or directorderived an improper personal benefit. (e) The provisions of this section as it was constituted prior to July1, 1996, shall continue inforce and effect for a period of two years from that date with respectto any act giving rise to a cause of action occurring prior to that date. History: L. 1963, ch. 303, 60-513; L. 1968, ch.6, § 1; L. 1976, ch. 254, § 1;L. 1987, ch. 222, § 1;L. 1996, ch. 127, § 1; July 1.
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  • 60-513

    Chapter 60.--PROCEDURE, CIVIL
    Article 5.--LIMITATIONS OF ACTIONS

          60-513.   Actions limited to two years.(a) The following actions shall be brought within two years:

          (1)   Anaction for trespass upon real property.

          (2)   An action for taking, detaining or injuring personal property,including actions for the specific recovery thereof.

          (3)   An action for relief on the ground of fraud, but the cause of actionshall not be deemed to have accrued until the fraud is discovered.

          (4)   An action for injury to the rights of another, not arising oncontract, and not herein enumerated.

          (5)   An action for wrongful death.

          (6)   An action to recover for an ionizing radiation injury asprovided in K.S.A. 60-513a, 60-513b and 60-513c, and amendments thereto.

          (7)   An action arising out of the rendering of or failure to renderprofessional services by a health care provider, not arising on contract.

          (b)   Except as provided in subsections (c) and (d),the causes of actionlisted in subsection(a) shall not be deemed to have accrueduntil the act giving rise to the cause of action first causes substantialinjury, or, if the fact of injury is not reasonably ascertainable untilsome time after the initial act, then the period of limitation shall notcommence until the fact of injury becomes reasonably ascertainable to theinjured party, but in no event shall an action be commenced more than10 years beyond the time of theact giving rise to the cause of action.

          (c)   A cause of action arising out of the rendering of or the failureto render professional services by a health care provider shall be deemedto have accrued at the time of the occurrence of the act giving rise tothe cause of action, unless the fact of injury is not reasonably ascertainableuntil some time after the initial act, then the period of limitation shallnot commence until the fact of injury becomes reasonably ascertainable to theinjured party, but in no event shall such an action be commenced more thanfour years beyond the time of the act giving rise to the cause of action.

          (d)   A negligence cause of action by a corporation or association againstanofficer or director of the corporation or association shall not be deemed tohave accrued until the act giving rise to the cause of action first causessubstantial injury, or, if the fact of injury is not reasonably ascertainableuntil some time after the initial act, then the period of limitation shall notcommence until the fact of injury becomes reasonably ascertainable to theinjured party, but in no event shall such an action be commenced more than fiveyears beyond the time of the act giving rise to the cause of action. All othercauses of action by a corporation or association against an officer or directorof the corporation or association shall not be deemed to have accrued until theact giving rise to the cause of action first causes substantial injury andthere exists a disinterested majority of nonculpable directors of thecorporation or association, or, if the fact of injury is not reasonablyascertainable until some time after the initial act, then the period oflimitation shall not commence until the fact of injury becomes reasonablyascertainable and there exists a disinterestedmajority of nonculpable directors of the corporation or association, but in noevent shall such an action be commenced more than 10 years beyond the time ofthe act giving rise to the cause of action. For purposes of this subsection,the term "negligence cause of action" shall not include a cause of actionseeking monetary damages for any breach of the officer's or director's duty ofloyalty to the corporation or association, for acts or omissions not in goodfaith or which involve intentional misconduct or a knowing violation of law,for liability under K.S.A. 17-5812, 17-6410, 17-6423, 17-6424 or 17-6603 andamendments thereto, or for any transaction from which the officer or directorderived an improper personal benefit.

          (e)   The provisions of this section as it was constituted prior to July1, 1996, shall continue inforce and effect for a period of two years from that date with respectto any act giving rise to a cause of action occurring prior to that date.

          History:   L. 1963, ch. 303, 60-513; L. 1968, ch.6, § 1; L. 1976, ch. 254, § 1;L. 1987, ch. 222, § 1;L. 1996, ch. 127, § 1; July 1.

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