According to a report from the Kansas Reflector, the Kansas Supreme Court has revived a negligence lawsuit filed by a man who suffered serious injuries after striking a large pothole on a Topeka street. On September 11, 2026, the state’s highest court unanimously reversed lower-court rulings that had granted summary judgment to the City of Topeka. If you suffered an injury after hitting a pothole in Kansas City, a car accident attorney can help.
The Case Arose From a Serious 2019 Pothole Crash
A Kansas man was driving north on Topeka Boulevard on July 2, 2019, when his vehicle struck a large pothole. The impact caused the vehicle to hit a median and roll several times. Unfortunately, the man was ejected onto the roadway. He later sued the City of Topeka, alleging that it negligently failed to maintain the street in a reasonably safe condition. Among other things, he contended that the city knew or should have known about the dangerous roadway defect and failed to correct it.
Lower Courts Ruled that the City Was Protected From the Claim (Immunity)
The Shawnee County District Court granted summary judgment to Topeka. It concluded, among other things, that the public-duty doctrine prevented the man from establishing that the city owed him an actionable individual duty. The court also relied on the discretionary-function exception to liability under the Kansas Tort Claims Act (KTCA). The Kansas Court of Appeals affirmed the judgment. The plaintiff appealed against and took the issue to the Kansas Supreme Court.
The Kansas Supreme Court Found a Specific Duty to Road Users
The Kansas Supreme Court rejected the conclusion that the public-duty doctrine barred the man’s lawsuit. Although the court held that the doctrine continues to exist under Kansas law, it explained that cities have long had an affirmative duty to keep streets reasonably safe for their intended use. That duty is not merely owed to the public at large. Instead, it runs to the identifiable class of people whom the city invites to travel on streets opened for public use. As a motorist using the roadway, the man fell within that protected class.
Disputed Facts Prevented Summary Judgment on Governmental Immunity
The Supreme Court also addressed discretionary-function immunity under K.S.A. 75-6104. A municipality may have discretion concerning how it allocates resources and how it responds to roadway problems. However, the court emphasized that a city that knows or should know about a dangerous street condition has no discretion simply to ignore the hazard. Because factual disputes remained over whether Topeka knew or should have known of the pothole, neither breach nor KTCA immunity could be resolved as a matter of law. The Supreme Court therefore reversed the summary judgment and remanded the case for further proceedings.
Call Our Kansas City Auto Accident Attorney Today
At House Law LLC, our Kansas City car accident lawyers are always ready to go the extra mile to fight for justice for victims and families. If you or your loved one was involved in a crash caused by a pothole or other roadway defect, we can help. Contact us today to set up a free case review. With an office in Kansas City, we handle car accident injury claims in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
Related Posts: Mother Files Wrongful Death Lawsuit Against University City Who is Liable for a Truck Accident Caused By Bad Brakes? Who Can I Sue for a Personal Injury in Missouri?
