Sparks v. Mach
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The Supreme Court reversed the decision of the court of appeals affirming the judgment of the district court granting summary judgment in favor of Defendant and dismissing with prejudice Plaintiff's action for damages arising from a motor vehicle accident, holding that Plaintiff's first amended complaint validly commenced a proceeding within the applicable limitations period.
Plaintiff filed a complaint against the David Mach, the special administrator for the Estate of Leo Mach, alleging negligence. Because, after filing the complaint, Plaintiff learned that the estate had closed and that David had been discharged as special administrator, Plaintiff moved to reopen the estate and reappoint David as special administrator. The county court granted the motion, and Plaintiff served David with the summons and the original complaint. Plaintiff later moved to amend the complaint, which the court sustained. Plaintiff then filed a second amended complaint. The district court granted summary judgment for David, and the court of appeals affirmed, finding that the original filing was a nullity. The Supreme Court reversed, holding that Plaintiff's first amended complaint validly commenced. Proceeding within the applicable limitations period.
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