Bigelow v. Smik

Opinion

FLEMING, J.

Maurice and Alberta Bigelow, plaintiffs in an action for damages for personal injuries against Stephen Smik, Jr., appeal a judgment of the trial court dismissing their action because of their failure to bring suit within the one-year limitation period. (Code Civ. Proc., § 340.3.) On 20 August 1963 plaintiffs and defendant Smik were involved in an automobile accident in Los Angeles, California. A few days after the accident Smik, a resident of Ohio, left California and did not return. On 8 October 1964 plaintiffs filed suit against him in Los Angeles and thereafter served him…