Nuss ex rel. Estate of Nuss v. Alexander

NATURE OF CASE

Appellants, Ray D. Nuss and Sandra Fox, special administrators of the estate of Curtis M. Nuss (the Estate), their late father, *37appeal an order of the district court for Adams County granting the motion to strike of appellee, Eugene M. Alexander, and dismissing appellants’ second amended petition against Alexander. We reverse, and remand for further proceedings consistent with this opinion.

ALLEGATIONS IN SECOND AMENDED PETITION

There is no evidentiary record in this case, and therefore, we summarize the background based on the allegations in the second amended petition as…