Slayden v. Sixta

The opinion of the court was delivered by

Lockett, J.:

Roger E. Slayden was a passenger in an automobile that was struck by a car driven by Jennifer S. Sixta. Slayden sued Sixta to recover damages for injuries he sustained in the accident. Slayden did not obtain service on Sixta until 97 days after the action had been filed. The trial court held Slayden’s action was barred by the two-year limitation of K.S.A. 1990 Supp. 60-513(a)(4) and dismissed his petition. The Court of Appeals affirmed, rejecting Slayden’s assertions that (1) the two-year limitation was tolled under K.S.A. 60-517 by the…