Fox v. Nick

INTRODUCTION

Appellant, Dan Fox, filed a petition against Edward I. Radii in the district court for Dodge County 8 days before the expiration of the applicable statute of limitations. However, Fox was unable to serve Radii with summons before Radii’s death approximately 2 months later. After Radii’s death, Fox served appellee, Bradley Nick, special administrator of Radii’s estate, with notice of the lawsuit against Radii. Nick was served prior to the expiration of the 6-month period for service of process permitted by Neb. Rev. Stat. § 25-217 (Reissue 1995). The district court granted summary…