LIVINGSTON v. BIAS

No. 52,874

7 Kan. App. 2d 287 (1982)

640 P.2d 362

CRAIG LIVINGSTON, Appellant, v. LEONARD BIAS, Appellee.

Court of Appeals of Kansas.

Opinion filed February 11, 1982.


Attorney(s) appearing for the Case

Ira Dennis Hawver of Hawver & Irigonegaray, P.A., of Topeka, for the appellant.

Charles L. Davis, Jr., of Davis, Unrein, Hummer & McCallister, of Topeka, for the appellee.

Before FOTH, C.J., REES and SPENCER, JJ.


SPENCER, J.:

The sole issue presented on this appeal is whether the action was properly dismissed pursuant to K.S.A. 60-225(a)(1).

An automobile collision involving plaintiff and the named defendant, which occurred December 28, 1976, resulted in this case being filed May 25, 1978. Defendant, a resident of Missouri, died March 2, 1980, after the case was at issue. The pretrial order of June 2, 1980, reflects a suggestion of defendant's death.

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