Hogue v. Johnson

Pierron, J.:

Craig E. Hogue appeals the district court’s granting of summary judgment in favor of Jeremy Johnson. The court found Hogue’s claim was barred by the statute of limitations due to untimely service of process on Johnson.

On April 13, 1995, Hogue and Johnson were involved in a two-car automobile accident which caused slight damage to both vehicles. Hogue waited to file suit against Johnson until April 10, 1997, 3 days prior to the expiration of the 2-year statute of limitations in K.S.A. 1996 Supp. 60-513. Pursuant to K.S.A. 60-203(a), Hogue had 90 days in which to obtain service on…