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SMEAL v. OLSON

No. A-00-834.

636 N.W.2d 636 (2001)

10 Neb. App. 702

Randy L. SMEAL, Appellant, v. Rickard W. OLSON, Appellee.

Court of Appeals of Nebraska.

December 11, 2001.

Attorney(s) appearing for the Case

Terry M. Anderson and Timothy J. O'Brien, Omaha, of Hauptman, O'Brien, Wolf & Lathrop, P.C., for appellant.

Jeffrey H. Jacobsen and Nicole M. Mailahn, Kearney, of Jacobsen, Orr, Nelson, Wright & Lindstrom, P.C., for appellee.

HANNON, SIEVERS, and MOORE, Judges.

SIEVERS, Judge.

In this tort litigation, the original petition was timely filed, but against the wrong defendant, who was timely served. The amended petition which substituted the correct defendant was filed after the statute of limitations had run. And the new defendant was not served with process until after the 4 year statute of limitations and the 6 month grace period for service of process had both run. Therefore, the question is whether the amended petition...

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