State university hospital brought action against board of county commissioners and state highway patrol seeking to recover the cost of medical treatment provided to an indigent arrested person. The District Court denied highway patrol’s motion for summary judgment and granted hospital summary judgment. Highway patrol appealed.
The Supreme Court of Kansas held that arrestee was in custody of highway patrol, and thus, pursuant to statute, state highway patrol was liable for cost of medical care provided to arrestee.
Indigent arrestee was in the custody of the state highway patrol at time decision was made to obtain medical treatment for arrestee, and thus, pursuant to statute, state highway patrol was liable for the cost of medical care provided to him. At scene of car crash the state trooper had arrested and handcuffed the individual and placed him in back of patrol car, where the individual requested medical treatment, the trooper delivered him in handcuffs to the hospital and advised hospital personnel that arrestee was left for treatment on “police hold,” returning the following day to transport him to jail upon his release.