Frank v. Estate of Enderle

OPINION

NICKELL, Judge.

John Frank (“Frank”) appeals the April 28, 2006, order of the Jefferson Circuit Court dismissing his lawsuit for failure to revive his action within one year of the death of the alleged tortfeasor, John En-derle (“Enderle”). We affirm.

FACTS AND PROCEDURAL HISTORY

While driving in Louisville, Kentucky, on October 10, 2000, Frank and Enderle collided. Frank alleged he was injured by Enderle’s negligence and filed suit to recover damages on August 6, 2003. On December 26, 2004, while the litigation was pending, Enderle died. Because he was insolvent at death, his family…