Clark v. Knesal

COLEMAN, Justice,

for the Court:

¶ 1. The case at bar is the result of more than fifteen years of litigation pertaining to a contract dispute regarding the construction of Kevin Clark’s house. During the litigation, the contractor and counter-plaintiff, William Knesal, died. His defense attorney, provided to him by his insurance company upon commencement of the suit, filed a suggestion of death in the deceased’s name. When no substitution motion was filed within the prescribed ninety-day period, Knesal’s attorney moved to dismiss. Knesal filed the appropriate motion for substitution well after…