Collins v. Dunifon

On January 6, 1969, the appellant (Collins) was injured in an automobile collision with a vehicle driven by appellee Dunifon, who was alleged at the time to have been acting as an employee of the appellee Gasoline Equipment Service Company, Inc. (the defendants).

Sometime prior to August 31, 1970, Collins employed an attorney to bring an action for his injuries. 1 Although the attorney engaged in correspondence with the defendants’ insurance carrier, no suit was commenced until September 21, 1971. At that time, defense counsel promptly asserted the statute of limitations as an affirmative…