Back-Wenzel v. Williams

Knudson, J.;

Plaintiff Debra Back-Wenzel brought suit against defendant Louis Williams not realizing he had died at an earlier date. After the 2-year statute of limitations had run, plaintiff sought *633to substitute the special administrator of the decedent’s estate as defendant. The district court denied plaintiff s motion for substitution and granted the defendant’s motion to dismiss without prejudice. In explaining its decision, the district court relied on holdings in Moore v. Luther, 29 Kan. App. 2d 1004, 35 P.3d 277 (2001).

The Moore court held K.S.A. 60-225 is not applicable to permit…