Trimble v. Engelking

TROUT, Chief Justice.

This appeal arises from the dismissal of a personal injury action brought by Dewey Trimble against Rex Engelking for injuries sustained in an automobile accident.

I

BACKGROUND AND PROCEDURAL HISTORY

On August 15,1992, Trimble was seriously injured when a car driven by Engelking made a left turn and struck Trimble’s truck. Engelking suffered serious injuries as well. Trimble’s counsel contacted Engelking’s insurer, Horace Mann Insurance Company (Horace Mann), to discuss Trimble’s injuries. While these discussions were ongoing, Trim-ble learned that Engelking died in May 1993.…