Gideon v. Gates

Spencer, J.:

Plaintiff seeks to recover damages allegedly sustained as a result of a collision of automobiles, one of which was owned by defendant Reed and was then being driven by defendant Gates. Plaintiff dismissed as to Reed and the trial court entered summary judgment in favor of defendant Gates on grounds the action was barred by the provisions of K.S.A. 60-513(a)(4). Plaintiff has appealed.

*24The parties agree that the accident out of which this action arose occurred on November 30,1974; that plaintiff’s petition was filed November 2,1976, but defendant Gates was not served with process…