Snodgrass v. Roberts Dairy Co.

MEMORANDUM

DENNEY, District Judge.

On September 28, 1973, Jerome Snodgrass slipped and fell while delivering milk to the defendant’s premises at 2901 Cuming Street in Omaha, Nebraska. Alleging injury due to the negligence of the Roberts Dairy Company, the plaintiff filed this diversity suit on July 25, 1977.

On August 16, 1977, the Roberts Dairy Company filed an answer. Among other defenses, the Roberts Dairy Company alleged that it was not a proper party defendant and that “no proper and sufficient service of process was had upon the defendant.”

On September 28, 1977, the four year statute of…