Vorhees v. Baltazar

The opinion of the court was delivered by

NüSS, J.:

Barry Vorhees filed suit against Francisco J. Baltazar, whom he knew to be deceased, and against the unappointed administrator of Baltazar s estate for personal injuries that Vorhees sustained in a two-vehicle accident. Although an administrator was eventually appointed, the district court dismissed tire suit, and the Court of Appeals reversed in Vorhees v. Baltazar, No. 94,123, unpublished opinion filed March 10, 2006. This court granted the administrator s petition for review; our jurisdiction is under K.S.A. 20-3018(b).

The issues on appeal,…