Rebuelta v. Nkpa

Phipps, Judge.

Shortly before expiration of the applicable two-year statute of limitation, Manuel Rebuelta sued Ndukewaonum Nkpa for negligence arising from an automobile collision. About five months after filing suit, Rebuelta effected service on Nkpa. Over six months later, he served his own uninsured motorist carrier (UMC), Allstate Insurance Company. Allstate moved to dismiss based on Rebuelta’s lack of due diligence in serving it within the statute of limitation. The state court granted Allstate’s motion to dismiss.

“A trial court’s finding of insufficient service of process will be upheld…