Dukes v. Jowers

MADDOX, Justice.

The issue presented in this case is whether the trial court erred in its holding that the plaintiff had filed her complaint without the requisite intention of having process served upon the defendant at the time she filed. If she had that intent, then she satisfied the filing requirements for purposes of the statute of limitations; if not, then, pursuant to prior holdings of this Court, her complaint was untimely filed.

On October 3, 1988, the appellant, Josephine Dukes, as administratrix of the estate of Jeffrey Dwayne Dukes, filed a wrongful death action against William…