LIVINGSTON v. ESTATE OF BIAS

No. 55,565

9 Kan. App. 2d 146 (1984)

673 P.2d 1197

CRAIG WAYNE LIVINGSTON, Appellee, v. THE ESTATE OF LEONARD B. BIAS THROUGH HIS PERSONAL REPRESENTATIVE, ESTHER BIAS, Appellant.

Court of Appeals of Kansas.

Opinion filed January 5, 1984.


Attorney(s) appearing for the Case

Charles L. Davis, Jr. and James G. Keller, of Davis, Unrein, Hummer & McCallister, of Topeka, for the appellant.

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

Before FOTH, C.J.; TERRY L. BULLOCK, District Judge, Assigned; and FREDERICK WOLESLAGEL, District Judge, Retired, Assigned.


FOTH, C.J.:

The issue in this case is whether a new suit may be filed when a prior suit on the same cause of action has been dismissed under K.S.A. 60-225(a)(1) for failure to substitute a proper party within a reasonable time after the defendant's death was suggested upon the record. We hold that it may not.

Plaintiff Craig Livingston first filed suit against Leonard Bias on May 25, 1978, for injuries sustained in a 1976 automobile accident. Bias,...

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