Uthe v. Baker

OPINION

STONEBURNER, Judge

This is an appeal from the district court’s order denying appellant’s motion to dismiss respondent’s complaint for insufficient service of process. Because the district court incorrectly concluded that appellant’s actions in a separate lawsuit constituted waiver of the defense, or collaterally estopped appellant from asserting the defense in this lawsuit, we reverse.

FACTS

In October 1992, respondent Kimberly Uthe (Uthe), who was a minor, and her mother, Karen Uthe, were injured when appellant Eileen Baker’s car struck their car from behind while the Uthe vehicle was…