Smeal v. Olson

In this appeal, we examine the rules governing when an amended petition naming a new defendant in a civil action relates back to the date on which the original petition was filed for purposes of determining whether the statute of limitations bars the claim against the new defendant. Based upon its determination that the relation-back doctrine did not apply, the Nebraska Court of Appeals affirmed an order of the district court for Buffalo County entering summary judgment in favor of appellee, Rickard W. Olson, the defendant below. Smeal v. Olson, 10 Neb. App. 702, 636 N.W.2d 636 (2001). We…