Kansas Statutes Annotated

K.S.A. § 60-1802 (2026)

Abatement

✓ current as of May 2026

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60-1802. Abatement. No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution, or for a nuisance.

History: L. 1963, ch. 303, 60-1802; January 1, 1964.

Notes of Decisions

Cited in 10 cases, 1981–2018 · leading case: Nicholas v. Nicholas, 83 P.3d 214 (Kan. 2004).

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Nicholas v. Nicholas, 83 P.3d 214 (Kan. 2004). · cites it 4× “the Court of Appeals Err in Ruling That Sheryl’s Invasion of Privacy Action Abated at His Death? Finally, Arthur argues that the Court of Appeals erred in ruling that Sheryl’s invasion of privacy action abated at his death.”

Valadez v. Emmis Commc'ns, 229 P.3d 389 (Kan. 2010). · cites it 2× “” K.S.A. 60-1802 reads: “No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution, or for a nuisance.”

Lowe v. Experian, 340 F. Supp. 2d 1170 (D. Kan. 2004). · cites it 6× “Negligence and Tortious Interference with Business Expectancy or Relationship Plaintiff contends that she was the victim of fraud and identity theft and that defendants, companies operating in the credit industry, are liable for their failures to address plaintiffs identity…”

Gross v. VanLerberg, 646 P.2d 471 (Kan. 1982). · cites it 5× “60-1801, and K.S.A. 60-1802, and arrived at the conclusion that plaintiff did not have a cause of action or a claim for relief against a deceased parent, any more than a legitimate child, and therefore, this cause of action for support did not survive the death of the defendant.”

Sellars v. Stauffer Commc'ns, Inc., 695 P.2d 1279 (Kan. Ct. App. 1984). · cites it 2× “Because the court found no evidence of malice suggested by the record, it granted summary judgment in favor of defendant.”

Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 427 P.3d 9 (Kan. 2018). “But the Ohio court's reasoning is still applicable because it points out the injustice that results when a wrongdoer can put off or avoid the payment of damages.”

Carter v. City of Emporia, Kan., 543 F. Supp. 354 (D. Kan. 1982). “Indeed, K.S.A. 60-1802 provides that claims for libel, slander and malicious prosecution, which are personal in nature, abate at the death of the party making such claims.”

Gross v. VanLerberg, 646 P.2d 471 (Kan. Ct. App. 1981). · cites it 4× “" K.S.A. 60-1802 It should be stated, emphatically, that this is an action concerning survival of the cause of action only.”

Nicholas v. Nicholas, 66 P.3d 929 (Kan. Ct. App. 2003). “” K.S.A. 60-1802 does not list invasion of privacy as one of those actions which abates at the death of either party.”

In re the Marriage of Wilson, 768 P.2d 835 (Kan. Ct. App. 1989). · cites it 2× “Appellant argues K.S.A. 60-1802 prevents an action for divorce from abating after the death of one of the parties.”

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