Gassmann v. Evangelical Lutheran Good Samaritan Soc‪.‬

The opinion of the court was delivered by This case concerns application of the after-acquired evidence doctrine to a wrongful discharge case involving breach of implied contract and not raising public policy concerns. The district court granted defendant Evangelical Lutheran Good Samaritan Society, Inc.'s (Good Samaritan) motion for summary judgment against plaintiff Peggy Gassmann's petition for wrongful discharge, applying the after-acquired evidence doctrine. The doctrine had never been adopted by any Kansas appellate court. The Court of Appeals decided that the after-acquired evidence doctrine would apply but that material issues of fact remained about whether Gassmann was guilty of misconduct and whether her actions would have justified discharge. Gassmann v. Evangelical Lutheran Good Samaritan Society, Inc., 22 Kan. App. 2d 632, 921 P.2d 224 (1996). We granted Good Samaritan's petition for review. Our jurisdiction is under K.S.A. 20-3018 (b).