Livingston v. Bias

Spencer, J.:

The sole issue presented on this appeal is whether the action was properly dismissed pursuant to K.S.A. 60-225(a)(1).

An automobile collision involving plaintiff and the named defendant, which occurred December 28, 1976, resulted in this case being filed May 25, 1978. Defendant, a resident of Missouri, died March 2, 1980, after the case was at issue. The pretrial order of June 2, 1980, reflects a suggestion of defendant’s death.

The case was scheduled for trial before a jury on September 22, 1980. On that date, plaintiff moved the court for an order “(1) that Defendant’s insurer is…