Rooke v. Jenson

We consider a statute of limitations defense raised by the estate of an alleged tortfeasor.

On January 17, 1986 Sam Ray Reed’s automobile collided with that of Judy Rooke, who then filed suit against him on December 21, 1987. At the time of attempted service in January 1988, she learned that Reed had died. Since Reed’s will named his wife, Nellie Mae Reed, as executrix and sole beneficiary, she was substituted as the defendant in her capacity as executrix in Rooke’s amended complaint filed in February 1988. At this time, Linda Ray Reed Jenson, the Reeds’ daughter, also learned of this suit…