Nevitt v. Rosenberry

KOPRIVA, J.,

Before this court for disposition is a motion for summary judgement. This case is quite unusual in that the original lawsuit was dismissed as a nullity because the defendant was dead. The instant lawsuit was filed against the defendant’s estate. However, the statue of limitations expired shortly after writ of summons was filed in the first lawsuit. The issue for our review is whether the defendant is estopped from asserting the statute of limitations because of the nondisclosure of Mr. Rosenberry’s death.

The facts of this lawsuit are as follows:(1) The plaintiff and Mr. Rosenberry…