Back-Wenzel v. Williams

The opinion of the court was delivered by

Nuss, J.:

Debra Back-Wenzel sued Louis Williams for personal injuries arising out of a car accident. Unbeknownst to her, Williams had died before suit was filed. After she learned of his death, she sought to substitute his estate’s special administrator as the defendant. The district court granted the defendant’s motion to dismiss without prejudice due to lack of subject matter jurisdiction. The Court of Appeals reversed in Back-Wenzel v. Williams, 32 Kan. App. 2d 632, 87 P.3d 318 (2004). This court granted Williams’ petition for review under K.S.A.…