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Whether a responsibility exists is a question of law. Whether the task has been breached is a concern of fact. See Sail v. T's, Inc., 281 Kan. 1355, Syl. 2, 136 P. 3d 471 (2006 ); see also 289 Kan. 577, 558586, 214 P. 3d 1173 (2009) (pointing out Nero v. Kansas State University, 253 Kan.

Summary judgment is seldom appropriate in neglect cases. However, summary judgment appertains in a neglect case if the complainant stops working to supply evidence of a component necessary to the case. See Hammig v. Ford, 246 Kan. 70, 73, 785 P. 2d 977 (1990 ); see likewise Offer v. Bowman, 286 Kan.

On appeal, questions of law, including those at the heart of summary judgment choices, go through de novo review. See Soto v. City of Bonner Springs, 291 Kan. 73, 78, 238 P. 3d 278 (2010) (applicability of KTCA resistance); Adams, 289 Kan. at 586 (existence of task). The Estate very first argues the district court erred in approving summary judgment to the DOC based on res judicata.

The definitive concern in this case is whether the inevitable conclusion avoided by the court in Estate of Belden, 46 Kan. Source , pertains to fulfillment and determines an affirmance of the district court's holding of res judicata based upon Rhoten, 290 Kan. 92, and Stanfield v. Osborne Industries, Inc., 263 Kan

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