Source or prior law:

(a). G.S. 1868, ch. 80, §§ 409, 410, 539; L. 1909, ch. 182, §§ 407, 408, 563; R.S. 1923, 60-3104, 60-3117, 60-3118.

(b). G.S. 1868, ch. 80, § 414; L. 1909, ch. 182, § 412; R.S. 1923, 60-3122.

(c). G.S. 1868, ch. 80, § 417; L. 1909, ch. 182, § 414; R.S. 1923, 60-3124.

Cross References to Related Sections:

Time when judgment effective in limited actions, see 61-3302.

Law Review and Bar Journal References:

"Highlights of Kansas Code of Civil Procedure (1963)," Spencer A. Gard, 2 W.L.J. 199, 202 (1963).

"Divorce and Alimony Under the New Code," Dan Hopson, Jr., 12 K.L.R. 27, 45, 46 (1963).

1963-65 survey of civil practice, Earl B. Shurtz, 14 K.L.R. 171, 186 (1965).

"Troublesome Areas of Appellate Practice," John F. Fontron, 37 J.B.A.K. 173, 176 (1968).

"Federal Income Tax Implications of Divorce," Larry K. Meeker, 14 W.L.J. 219, 221 (1975).

Contributory negligence of child precluding parents' recovery for loss of child's services, 14 W.L.J. 691, 695 (1975).

"Contested Estate Matters After Court Unification," Calvin J. Karlin, 48 J.B.A.K. 97, 105 (1979).

"The Kansas Tort Claims Act and School Districts," Susan C. Jacobson, 28 K.L.R. 619, 630 (1980).

"Survey of Kansas Law: Consumer Law," 29 K.L.R. 483, 490 (1981).

"No Fault Automobile Insurance: An Analysis of the Kansas Automobile Injury Reparations Act," Linda L. Pfalzgraf, 20 W.L.J. 375, 377, 405 (1981).

"The History of Warranties of Quality in the Sale of Goods: Contract or Tort?—A Case Study in Full Circles," Paul B. Rasor, 21 W.L.J. 175, 205, 217 (1982).

"School Liability for Athletic Injuries: Duty, Causation and Defense," James D. Harty, 21 W.L.J. 315, 336 (1982).

"Torts: Causes of Action Must be Litigated at One Time Under the Comparative Negligence Principles," Joyce Danzinger, 21 W.L.J. 725, 726 (1982).

"Recent Development in Kansas Civil Procedure," E. Elinor P. Schroeder, 32 K.L.R. 515, 538, 539 (1984).

"Survey of Kansas Law: Torts," William Edward Westerbeke, 33 K.L.R. 1, 30 (1984).

"A Plain English Approach to Loss of Future Earning Capacity," Evelyn Esther Zabel, 24 W.L.J. 253, 256 (1985).

"Contorts...Twisting Back Time Failing to Procure Insurance," Michael W. Simpson, XIII J.K.T.L.A. No. 1, 18 (1989).

"Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 35 (1995).

"A practitioner's guide to summary judgment Part 1," Robert W. Parnacott, 67 J.K.B.A. No. 10, 36 (1998).

"Some issues concerning the property of married persons in Kansas," John C. Peck, 68 J.K.B.A. No. 8, 18 (1999).

"The Misapplication of Comparative Negligence: An Argument for the Use of Joint and Several Liability in Gun Control," Michele M. O'Malley, 40 W.L.J. 334 (2001).

"Survey of Kansas Tort Law: Part I," William E. Westerbeke and Stephen R. McAllister, 49 K.L.R. 1037 (2001).

"The Immunity Provisions in the Kansas Tort Claims Act: The First Twenty-Five Years," William E. Westerbeke, 52 K.L.R. 939 (2004).

Attorney General's Opinions:

Delinquent personal property tax collection; tax lien; time of attachment. 95-55.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-3117, 60-3118, 60-3122, 60-3124 and the 1961 Supp. thereto.

1. Interest on judgment in negligence action commencing date of verdict held proper. Reel v. Kress & Co., 192 Kan. 525, 528, 389 P.2d 831.

2. Clerk enters judgment on jury verdict forthwith, other judgments only when directed by the judge. Corbin v. Moser, 195 Kan. 252, 253, 254, 255, 403 P.2d 800.

3. Judgment final on clerk's entry on appearance docket at judge's direction or on journalization. Guerrero v. Capitol Federal Savings & Loan Ass'n, 197 Kan. 18, 20, 21, 415 P.2d 257.

4. Mentioned; appeal may be taken within 30 days of entry of judgment. Ten Eyck v. Harp, 197 Kan. 529, 532, 419 P.2d 922.

5. Applied; wrongful death action; record examined; no error. Bott v. Wendler, 203 Kan. 212, 216, 453 P.2d 100.

6. Entry made by clerk without direction by court is not an authorized or effective entry of judgment. Phelps Dodge Copper Products Corp. v. Alpha Construction Co., 203 Kan. 591, 597, 598, 455 P.2d 555.

7. Order of state appeals committee of state department of social welfare denying welfare benefits is judicial or quasi-judicial in nature. Powers v. State Department of Social Welfare, 208 Kan. 605, 611, 493 P.2d 590.

8. Judgment rendered without a jury not "entered" until journal entry filed or entry in appearance docket made, res judicata inapplicable. Urban Renewal Agency v. Reed, 211 Kan. 705, 711, 508 P.2d 1227.

9. Statute does not limit manner of divorce judgment solely to filing of a journal entry. Mentzer v. Mentzer, 212 Kan. 539, 541, 543, 544, 512 P.2d 320.

10. Form of judgment by journal entry within discretion of trial judge; not effective until filed. Van Brunt, Executrix, v. Jackson, 212 Kan. 621, 625, 512 P.2d 517.

11. Trial judge determined effective date of judgment; appeal filed within 60 days thereof is timely filed. Brookover Feed Yards, Inc. v. Carlton, Commissioner, 213 Kan. 684, 686, 518 P.2d 470.

12. Applied; trial court memorandum decision concerning validity of K.S.A. 40-3117. Manzanares v. Bell, 214 Kan. 589, 592, 522 P.2d 1291.

13. Mentioned in deciding date modified judgment entered for purposes of determining interest rates. Lippert v. Angle, 215 Kan. 626, 627, 527 P.2d 962.

14. Divorce judgment rendered in open court good as between the parties, even though no journal entry filed nor entry made in appearance docket. In re Estate of Penn, 216 Kan. 153, 155, 157, 531 P.2d 133.

15. Tentative property division in divorce proceeding modified ex parte; new trial on division issue awarded. Gechter v. Gechter, 216 Kan. 360, 363, 532 P.2d 1089.

16. Applied in determining failure to file notice of appeal within time allowed by K.S.A. 60-2103. Brown v. Brown, 218 Kan. 34, 36, 37, 542 P.2d 332.

17. Applied; reference in K.S.A. 60-2414(o) means adjudicated lien. Lenexa State Bank & Trust v. Dixon, 221 Kan. 238, 246, 559 P.2d 776.

18. Section applied; trial court not in error in applying doctrine of assumption of risk. George v. Beggs, 1 Kan. App. 2d 356, 358, 564 P.2d 593.

19. Section applied; appellate jurisdiction is a matter of statute; properly filed. Rewerts v. Whittington, 1 Kan. App. 2d 557, 559, 571 P.2d 58.

20. Applied; appeal not filed within time prescribed by K.S.A. 60-2103; dismissed. Kittle v. Owen, 1 Kan. App. 2d 748, 749, 573 P.2d 1115.

21. "Entry of judgment" defined; lien became effective from time petition filed. Carnation Co. v. Midstates Marketers, Inc., 2 Kan. App. 2d 236, 237, 577 P.2d 827.

22. Applied; appeal from order suspending imposition of sentence held timely filed. State v. Brady, 2 Kan. App. 2d 382, 383, 384, 580 P.2d 434. Syllabus ¶ 2 and corresponding statements in Brady opinion overruled. State v. Moses, 227 Kan. 400, 403, 607 P.2d 477.

23. Oral ruling not final judgment; no motion to set aside required under K.S.A. 60-260. In re Estate of Carothers, 3 Kan. App. 2d 156, 158, 591 P.2d 1091.

24. Notice of appeal prior to filing of journal entry may qualify as premature notice under Rule 2.03. Carson v. Eberth, 3 Kan. App. 2d 183, 186, 592 P.2d 113.

25. Notice of appeal in workers' compensation case was timely filed. Carlman v. Shields Drilling Co., 3 Kan. App. 2d 282, 593 P.2d 1013.

26. Cited in holding a workmen's compensation appeal timely under K.S.A. 44-556. Hensley v. Carl Graham Glass, 226 Kan. 256, 258, 597 P.2d 641.

27. Statute does not apply in criminal cases. State v. Moses, 227 Kan. 400, 403, 607 P.2d 477.

28. Cited; time for appeals from judgment and orders in probate cases commences from date order is signed by judge and filed with clerk of court. In re Estate of Burns, 227 Kan. 573, 574, 575, 608 P.2d 942.

29. Cited in holding premature notice of appeal timely filed. State v. Bohannon, 3 Kan. App. 2d 448, 450, 596 P.2d 190.

30. Judgment under K.S.A. 60-254(b) may not later be reviewed as intermediate ruling on appeal of final judgment of entire case. Dennis v. Southeastern Kansas Gas Co., 227 Kan. 872, 877, 610 P.2d 627.

31. Validity of a final judgment is not affected by failure to serve the parties with a copy thereof. Daniels v. Chaffee, 5 Kan. App. 2d 552, 557, 620 P.2d 1177.

32. Time for postjudgment remedies runs from date parties are notified of judgment. Daniels v. Chaffee, 230 Kan. 32, 36, 37, 38, 45, 46, 48, 630 P.2d 1090 (1981).

33. In action by discharged teacher appeal was timely and trial court erred in dismissing because of plaintiff's failure to exhaust administrative remedies. Scott v. U.S.D. No. 377, 7 Kan. App. 2d 82, 84, 85, 638 P.2d 941 (1982).

34. Cited; garnishee may stay garnishment by posting supersedeas bond equal to its liability costs and interest. Cansler v. Harrington, 231 Kan. 66, 73, 643 P.2d 110 (1982).

35. Judgment effective when judgment entered; notice of appeal not timely filed. Smith v. Smith, 8 Kan. App. 2d 252, 655 P.2d 469 (1983).

36. Thirty-day period for filing appeal starts on date journal entry signed. Anderson v. United Cab Co., 8 Kan. App. 2d 694, 695, 666 P.2d 735 (1983).

37. Cited in interlocutory appeal discussing royalty interests of certain natural gas leases. Matzen v. Cities Service Oil Co., 233 Kan. 846, 848, 667 P.2d 337 (1983).

38. Cited by dissent on question of timely appeal from school board decision not to renew teacher contract. Atkinson v. U.S.D. No. 383, 9 Kan. App. 2d 175, 179, 675 P.2d 917 (1984).

39. Strictly construed; judgment effective only when journal entry or judgment form filed. State v. Dubish, 234 Kan. 708, 714, 675 P.2d 877 (1984).

40. While interest may accrue on judgment after journal entry on file, no interest accrues on payment in full by defendant partially responsible for total. McGuire v. Sifers, 235 Kan. 368, 381, 383, 681 P.2d 1025 (1984).

41. Thirty days for appealing runs when journal entry or judgment form denying new trial is filed. Neufeldt v. L. R. Foy Constr. Co., 236 Kan. 664, 666, 693 P.2d 1194 (1985).

42. Procedural provisions of chapter 60 relative to judgment, postjudgment motions and appeals applicable to workers' compensation appeals. Dieter v. Lawrence Paper Co., 237 Kan. 139, 143, 697 P.2d 1300 (1985).

43. Cited; journal entry barring bankruptcy trustee from contesting probate of will (K.S.A. 59-2224) is order (K.S.A. 59-2401) requiring timely appeal (K.S.A. 60-2103). In re Estate of Williams, 238 Kan. 651, 655, 656, 714 P.2d 948 (1986).

44. Cited; no jurisdiction to consider denial of Fund's motion to dismiss where order appealed from not final order. McArthur v. Glass King Mfg., Inc., 11 Kan. App. 2d 35, 36, 37, 711 P.2d 774 (1986).

45. Cited; Supreme Court rule 2.03 limited to where notice of appeal filed before final judgment entered pursuant hereto. Miller v. Safeco Ins. Co. of America, 11 Kan. App. 2d 91, 94, 712 P.2d 1282 (1986).

46. Cited; sufficiency of journal entry to effect entry of final judgment under K.S.A. 60-254(b) examined. City of Salina v. Star B, Inc., 241 Kan. 692, 694, 739 P.2d 933 (1987).

47. Cited; appeal from denial of motion to intervene filed within 30 days of entry of judgment (K.S.A. 60-2103) examined. Robertson v. Ludwig, 12 Kan. App. 2d 571, 583, 752 P.2d 690 (1988).

48. Time for filing postjudgment motions or appeals begins on compliance herewith; time extended by K.S.A. 60-206(e) when entry of judgment mailed. Danes v. St. David's Episcopal Church, 242 Kan. 822, 827, 752 P.2d 653 (1988).

49. Notice of appeal timely when filed three days following filing of judgment form. Davis v. City of Leavenworth, 243 Kan. 522, 523, 759 P.2d 113 (1988).

50. Effect of delay entering journal entry from objections to proposed journal entry and subsequent motion for new trial examined. L.R. Foy Constr. Co. v. Professional Mechanical Contractors, 13 Kan. App. 2d 188, 193, 766 P.2d 196 (1988).

51. Divorce decree orally granted ineffective when followed by death of party before signed journal entry filed. In re Marriage of Wilson, 13 Kan. App. 2d 291, 768 P.2d 835 (1989).

52. Oral divorce decree ineffective where one party dies prior to journal entry being signed and filed. In re Marriage of Wilson, 245 Kan. 178, 180, 777 P.2d 773 (1989).

53. Ruling on allowance for attorney fees as unnecessary before filing timely notice of appeal determined. Snodgrass v. State Farm Mut. Auto, Ins. Co., 246 Kan. 371, 376, 789 P.2d 211 (1990).

54. Entry of judgment is time when journal entry filed rather than when order orally pronounced. State v. Marks, 14 Kan. App. 2d 594, 596, 796 P.2d 174 (1990).

55. Judgment liens as not sufficiently choate under Kansas law at time notice of federal tax lien filed to gain priority noted. Assured Inv. & Loan, Inc. v. U.S., 732 F. Supp. 94 (1990).

56. Not applicable to municipal court cases. City of Lenexa v. Higgins, 16 Kan. App. 2d 499, 500, 502, 825 P.2d 1152 (1992).

57. Defendant not required to join tortfeasor who caused subsequent accident which aggravated existing condition. Barkley v. Freeman, 16 Kan. App. 2d 575, 578, 583, 827 P.2d 774 (1992).

58. Effect of partial adjudication of claims examined where final judgment not entered pursuant to K.S.A. 60-254(b); school's obligation to student considered. Honeycutt v. City of Wichita, 251 Kan. 451, 458, 836 P.2d 1128 (1992).

59. What constitutes entry of the order in K.S.A. 22-3603 to commence the period for filing an interlocutory appeal examined. State v. Michel, 17 Kan. App. 2d 265, 267, 834 P.2d 1374 (1992).

60. Mailing entry of judgment extends time for filing postjudgment motions and appeal by three days. Marinhagen v. Boster, Inc. 17 Kan. App. 2d 532, 535, 840 P.2d 534 (1992).

61. In legal malpractice case involving bank director/counsel, defendant was entitled to compare negligence with other officers. F.D.I.C. v. Benjes, 815 F. Supp. 1415, 1419 (1993).

62. Cited in holding K.S.A. 60-259(f) applicable when motion for rehearing treated as motion to alter or amend. In re Marriage of Hansen, 18 Kan. App. 2d 712, 714, 858 P.2d 1240 (1993).

63. Whether plaintiff's state action failed for savings statute purposes when journal entry of dismissal filed examined. Matzke v. Merck and Co., Inc., 848 F. Supp. 936, 937 (1994).

64. Workers compensation time limits for appeals of workers compensation board decisions govern over civil procedure code (K.S.A. 60-2101 et seq.). Jones v. Continental Can Co., 260 Kan. 547, 554, 920 P.2d 939 (1996).

65. Discharging cross-claims for contribution and noncontractual indemnity for settling parties under K.S.A. 74-4904a is constitutional. KPERS v. Reimer and Assocs., Inc., 261 Kan. 17, 23, 31, 927 P.2d 466 (1996).

66. Time for filing post-judgment motion or appeal from final judgment entered without notice commences upon compliance herewith and S. Ct. Rule 134. McDonald v. Hannigan, 262 Kan. 156, 161, 936 P.2d 262 (1997).

67. Agency erred in relying on oral pronouncement district court lacked jurisdiction to hear appeal; issue remanded for hearing. Radke Oil Co. v. Kansas Dept. of Health & Environment, 23 Kan. App. 2d 774, 782, 936 P.2d 286 (1997).

68. Trial court holding that liability of medical provider was not reduced by patient's fault in acquiring injury upheld. Huffman v. Thomas, 26 Kan. App. 2d 685, 689, 994 P.2d 1072 (1999).

69. Where joint tortfeasors are liable under a theory of negligence, their fault must be compared; concept of joint and several liability does not apply. Wood v. Groh, 269 Kan. 420, 7 P.3d 1163 (2000).

70. Fault attributable to defendant is applied to award for nonpecuniary damages, not to maximum recovery under K.S.A. 60-1903. Adams v. Via Christi Reginal Med. Center, 270 Kan. 824, 19 P.3d 132 (2001).

71. Whether smoker was comparatively negligent in products liability action constituted question for jury. Burton v. R.J. Reynolds Tobacco Co., 208 F. Supp. 2d 1187, 1198 (2002).

72. Statute has never been interpreted to require the comparison of negligence with intentional wrongdoing. Gould v. Taco Bell, 239 Kan. 564, 571, 722 P.2d 511 (1986).

73. Defendant failed to raise question of comparative negligence of other settling defendants; trial court properly denied defendant's motion for new trial; however, court cannot reduce verdict by amount of such settlement. Glenn v. Fleming, 240 Kan. 724, 726, 729, 731, 732, 732 P.2d 750 (1987).

74. Where plaintiff found 60% at fault, issue of punitive damages is moot. Cox v. Kansas Gas and Elec. Co., 630 F. Supp. 95, 101 (1986).

75. Statute did not preclude damages equivalent to pool coating buyer's liability to pool customers with incompleted warranty work. Mattingly, Inc. v. Beatrice Foods Co., 835 F.2d 1547, 1561 (1987).

76. Cited; settlement of second suit while maintaining original action where proportionate fault still undetermined examined. Mathis v. TG&Y, 242 Kan. 789, 751 P.2d 136 (1988).

77. Where plaintiff prevented from joining party in federal court because of loss of diversity, action survives in state court. Anderson v. Scheffler, 242 Kan. 857, 862, 863, 752 P.2d 667 (1988).

78. Cited; finding of plaintiff's fault at 60% as precluding punitive damages examined. Wisker v. Hart, 244 Kan. 36, 42, 766 P.2d 168 (1988).

79. Cited; "one-action" rule applied where medical malpractice damages sought following injuries from industrial accident; separate suit brought. Mick v. Mani, 244 Kan. 81, 83, 766 P.2d 147 (1988).

80. Use of bicycles and other human-powered conveyances on sidewalks examined. Schallenberger v. Rudd, 244 Kan. 230, 231, 767 P.2d 841 (1989).

81. Advent of comparative negligence has not abrogated the rescue doctrine in Kansas. Bridges v. Bentley, 244 Kan. 434, 439, 769 P.2d 635 (1989).

82. Excess liability insurer as not responsible to pay punitive damages determined. Southern American Ins. v. Gabbert-Jones Inc., 13 Kan. App. 2d 324, 769 P.2d 1194 (1989).

83. 1987 amendment not applied retroactively to include claims for economic loss accruing prior to effective date of amendment. Wichita Fed'l Savings & Loan Ass'n v. Black, 245 Kan. 523, 543, 544, 781 P.2d 707 (1989).

84. Evidence of nonuse or misuse of child safety restraining device (K.S.A. 8-1344) as inadmissible under K.S.A. 8-1345(d) examined. Watkins v. Hartsock, 245 Kan. 756, 757, 783 P.2d 1293 (1989).

85. Purpose of statute discussed; procedures for resolving civil action claims compared. Patterson v. Brouhard, 246 Kan. 700, 706, 792 P.2d 983 (1990).

86. Negligence of young child as question of fact rather than question of law determined. Honeycutt v. City of Wichita, 247 Kan. 250, 256, 796 P.2d 549 (1990).

87. On remand, contributory negligence question may be raised on economic damage issues occurring prior to July 1, 1987, amendment to statute. Pizel v. Zuspann, 247 Kan. 699, 701, 803 P.2d 205 (1990).

88. Comparative negligence unavailable as affirmative defense to officers of failed bank where alleged negligence occurred before effective date of amendment to statute. Federal Deposit Ins. Corp. v. Ashley, 749 F. Supp. 1065, 1067 (1990).

89. Mother of deceased daughters could plead wrongful death damages in excess of $100,000 because of comparative fault; actual recovery limited. Mahomes-Vinson v. U.S., 751 F. Supp. 913, 925 (1990).

90. Railroad not entitled to recover from third-party defendant where railroad employee's negligence exceeded that of third party. Tersiner v. Union Pacific R. Co., 754 F. Supp. 177, 179 (1990).

91. Negligence of party seeking damages bars recovery when it exceeds combined fault of all parties defendant. Deines v. Vermeer Mfg. Co., 755 F. Supp. 350, 354 (1990).

92. Insurance policy provision reducing underinsured motorist coverage (K.S.A. 40-284) by amount paid by party potentially liable examined. Allied Mut. Ins. Co. v. Gordon, 248 Kan. 715, 730, 811 P.2d 1112 (1991).

93. Computation of diminution of employer's subrogation interest for fault (K.S.A. 44-504(d)) where worker obtains judgment against third party discussed and determined. Brabander v. Western Cooperative Electric, 248 Kan. 914, 915, 811 P.2d 1216 (1991).

94. Premises liability involving duty between independent contractors working on property and liability of possessor examined. Miller v. Zep Mfg. Co., 249 Kan. 34, 41, 815 P.2d 506 (1991).

95. Defendant's right to compare fault of decedent's employer examined where decedent/road maintenance worker killed by vehicle driven by defendant's employee. Sterba v. Jay, 249 Kan. 270, 281, 816 P.2d 379 (1991).

96. Noted that negligent tortfeasors should not be allowed to reduce fault by intentional fault of another they had a duty to prevent. Kansas State Bank & Tr. Co. v. Specialized Transportation Services, Inc., 249 Kan. 348, 351, 376, 819 P.2d 587 (1991).

97. 1987 amendment not applicable retroactively; statute not applicable to claims for damages for economic loss accruing prior to July 1, 1987. Comeau v. Rupp, 762 F. Supp. 1434, 1438 (1991).

98. Full faith and credit allowed statute requiring mandatory cross-claim; one-action rule discussed. Joseph Mfg. Co, Inc. v. Olympic Fire Corp., 781 F. Supp. 718, 720 (1991).

99. Negligence per se of decedent examined. Dietz v. Atchison, Topeka and Santa Fe Rwy. Co., 16 Kan. App. 2d 342, 350, 823 P.2d 810 (1992).

100. Plaintiff not barred from bringing action against a former codefendant in previous action in which there was no judicial determination of comparative fault. Cook v. Freeman, 16 Kan. App. 2d 555, 562, 563, 825 P.2d 1185 (1992).

101. Fact that plaintiffs settled with nonparty manufacturer of sailing mast does not prevent defendant from having plaintiff's and manufacturer's negligence considered. Cerretti v. Fling Hills Rural Electric Co-op Ass'n, 251 Kan. 347, 371, 837 P.2d 330 (1992).

102. Noted where statutes prohibiting and regulating sale of liquor to minors held to not impose civil liability. Mills v. City of Overland Park, 251 Kan. 434, 440, 837 P.2d 370 (1992).

103. Common-law defense of assumption of risk not altered by adoption of comparative fault. Tuley v. Kansas City Power & Light Co., 252 Kan. 205, 210, 843 P.2d 248 (1992).

104. One-action rule examined; rule satisfied where comparative fault determination made in federal district court. Tersiner v. Gretencord, 17 Kan. App. 2d 551, 552, 840 P.2d 544 (1992).

105. Application of section in action for economic damages considered. Pizel v. Whalen, 252 Kan. 384, 386, 845 P.2d 37 (1993).

106. Where no duty of care exists, there is comparative fault to be considered. Chadwell v. Clements, 18 Kan. App. 2d 84, 92, 847 P.2d 1344 (1993).

107. "One action rule" barred action when plaintiff was joined in previous lawsuit based on same collision. Marshall v. Mayflower, 817 F. Supp. 922, 925, 926 (1993).

108. Degrees of negligence examined where plaintiffs served dishwashing liquid rather than similar-looking alcoholic beverage. Cott v. Peppermint Twist Mgt. Co., 253 Kan. 452, 457, 486, 856 P.2d 906 (1993).

109. Cited where court determined no remedy available to heirs of employee covered by workers compensation act. Karhoff v. National Mills, Inc., 18 Kan. App. 2d 302, 310, 851 P.2d 1021 (1993).

110. Effect of traffic violations on causal fault of collision examined. Burns v. Benedict, 827 F. Supp. 1545, 1549 (1993).

111. Whether defendants may assert state law defenses in federal action where RTC asserts state negligence claim examined. Resolution Trust Corp. v. Fleisher, 835 F. Supp. 1318, 1321 (1993).

112. Whether contributory negligence bars recovery on negligent misrepresentation claim accruing before 1987 amendment to section examined. TBG, Inc. v. Bendis, 841 F. Supp. 1538, 1568 (1993).

113. Whether witness may be cross-examined regarding liability theories of dismissed party in lawsuit for comparative negligence purposes examined. Hess v. St. Francis Regional Med. Center, 254 Kan. 715, 725, 869 P.2d 598 (1994).

114. Whether comparative fault should have been applied to plaintiff's Emergency Medical Treatment and Labor Act (42 U.S.C. § 1395dd) claims examined. Griffith v. Mt. Carmel Medical Center, 842 F. Supp. 1359, 1364 (1994).

115. Whether comparative fault percentages are determined first and deducted from total damages prior to applying nonpecuniary damage cap in negligence cases examined. Gann v. Joeckel, 20 Kan. App. 2d 136, 137, 884 P.2d 451 (1994).

116. Whether jury instruction misstates state law concerning comparative fault mandating a new trial be granted examined. Meyerhoff v. Michelin Tire Corp., 852 F. Supp. 933, 938 (1994).

117. Whether litigant may file multiple suits arising out of negligent operation of vehicle to obtain attorney fees examined. Chavez v. Markham, 256 Kan. 859, 866, 889 P.2d 122 (1995).

118. Cited; in wrongful death action trial court shall apply percent of lost chance to damage award before applying statutory cap. Dickey v. Daughety, 21 Kan. App. 2d 655, 660, 905 P.2d 697 (1995).

119. State statutory subrogation right in negligence action not subject to reduction under equitable subrogation principles. Copeland by Copeland v. Toyota Motor Sales U.S.A., 136 F.3d 1249, 1253 (1997).

120. Alleged failure by patient to follow reasonable medical instructions properly submitted to jury as comparative fault. Cox v. Lesko, 263 Kan. 805, 818, 953 P.2d 1033 (1998).

121. Jury may consider parent's fault under comparative negligence even if parental immunity shields parent from liability. Fitzpatrick v. Allen, 24 Kan. App. 2d 896, 905, 955 P.2d 141 (1998).

122. Comparative negligence of all parties to be determined in a single action. Gust v. Jones, 162 F.3d 587 (1998).

123. Release of party who may be comparatively liable for injuries does not affect plaintiff's right to recover from any other defendant. Luther v. Danner, 268 Kan. 343, 346, 995 P.2d 865 (2000).

124. Kansas "one-action" rule interpreting Kansas comparative negligence statute is not intended to be an extension of res judicata. Augustine v. Adams, 88 F. Supp. 2d 1166, 1172 (2000).

125. Kansas follows specific identity rule concerning general releases of joint tortfeasors (plaintiff's release of former Western Resources employee did not release employer). Mulroy v. Olberding, 29 Kan. App. 2d 757, 30 P.3d 1050 (2001).

126. Comparative negligence may be a defense in medical malpractice case involving suicide of noncustodial patient. Maunz v. Perales, 276 Kan. 313, 76 P.3d 1027 (2003).

127. One-action rule did not preclude assertion of federal RICO (18 U.S.C.A. 1961 et seq.) claim. McCormick v. City of Lawrence, 325 F. Supp. 2d 1191, 1208 (2004).

128. Discussed; jury to determine percentage of fault under statute. Sall v. T's, Inc., 281 Kan. 1355, 1375, 136 P.3d 471 (2006).

129. Court's substitution of nonparty nurse for defendant medical center harmless error under the facts. Haley v. Brown, 36 Kan. App. 2d 432, 439, 140 P.3d 1051 (2006).

130. Defendant seeking to minimize liability must do so by comparing fault of other defendants. Dodge City Implement, Inc. v. Board of Barber County Comm'rs, 38 Kan. App. 2d 348, 353, 361, 362 (2007).

131. Improper to compare wanton with conduct consisting of simple negligence. Wagner v. SFX Motor Sports, Inc., 522 F. Supp. 2d 1330, 1342 (2007).

132. Plaintiff's comparative implied indemnity claim dismissed for failure to join defendants pursuant to K.S.A. 60-258a. Dodge City Implement, Inc. v. Board of Barber County Comm'rs, 288 Kan. 619, 205 P.3d 1265 (2009).

133. Defendant not entitled to compare its intentional conduct with others' conduct under the comparative fault statute. Nkemakolam v. St. John Military School, 994 F. Supp. 2d 1193, 1204 (2014).

134. Statute shows the legislature intended that wrongful death recovery should be governed by comparative fault principles, and that a contributing cause is a cause as used in the wrongful death statute, K.S.A. 60-1901. Burnette v. Eubanks, 52 Kan. App. 2d 751, 758, 379 P.3d 372 (2016).

135. Absent specific authority, court finds no duty imposed on sovereign government to act for the benefit of individual non-citizens in evaluating comparative fault. In re Syngenta AG MIR 162 Corn Litigation, 249 F. Supp. 3d 1224, 1245-46 (D. Kan. 2017).

136. If a trial court enters a default judgment in a separate action against other tortfeasors and makes no apportionment of fault or determination of comparative fault, a plaintiff is entitled to a judicial determination of comparative fault and, if it is determined that defendant was at least partially at fault, the trial court can order defendant to pay proportionate share of damages. Rodina v. Castaneda, 60 Kan. App. 2d 384, 391, 494 P.3d 172, 177 (2021).

137. State court confirmation of an arbitration award does not constitute a judicial determination of comparative fault for one-action rule purposes. Hodges v. Walinga USA Inc., 317 Kan. 535, 532 P.3d 440 (2023).