This panel is unanimous in our opinion of potholes: they are abysmal. But, in Kansas, making a successful claim against a city for damages resulting from a driver hitting a pothole is a different subject that requires compliance with the law. When we apply two legal principles to this case—the public duty doctrine and discretionary function immunity—it means any recovery is barred by law on this claim.
Source: Court of Appeals: Martin vs. City of Topeka
Source: Court of Appeals: Martin vs. City of Topeka
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