Doe v. McCoy

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Doe v. McCoy

Case Number
S-16-0746
Call Date
April 27, 2017
Case Time
9:00 AM
Court Number
Douglas
Case Summary

S-16-0746, Jane and John Doe, husband and wife (Appellants) v. William Bruce McCoy

Douglas County, Judge Gregory M. Schatz

Attorneys: Daniel H. Friedman (Friedman Law PCLLO) (for Appellants) --- James Martin Davis (David Law Office) (for Appellee) ---Danny C. Leavitt (Amicus Curiae Nebraska Association of Trial Attorneys)

Civil: Tort; Statute of Limitations

Proceedings below: The district court ruled that plaintiffs had not prosecuted the lawsuit in the name of the real parties in interest and that the statute of limitations barred the suit. The district court dismissed the case. Appellants filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: The trial court erred in (1) ruling that Appellants should not be permitted to proceed anonymously; (2) ruling that this action is time-barred by Neb. Rev. Stat. §§ 25-207 and 25-213.