Legal Opinion

Darnell v. Chrysler Corp.

Supreme Court of Oklahoma

Decided July 24, 1984No. 57031PublishedCited by 82 opinions

1Opinion of the Court

BARNES, Chief Justice:

Plaintiff Darnell filed her manufacturer's products liability action on the final day of the two-year statute of limitations period.1 The summons which was filed in the court clerk’s office along with the petition, designated service by mail. Although an entry was made on the docket sheet indicating that the summons was “issued” on the day of filing, it was not until the following day that it was mailed. Defendant Holley Carburetor filed a special demurrer asserting the running of the statute of limitations. The trial court sustained the demurrer and dismissed the case.…

2Cases cited8 opinions

  1. Kirkland v. General Motors CorporationSupreme Court of Oklahoma · 1974
  2. Cowart v. Piper Aircraft Corp.Supreme Court of Oklahoma · 1983
  3. Independent School District No. 89 of Oklahoma County v. Oklahoma City Federation of Teachers, Local 2309Supreme Court of Oklahoma · 1980
  4. Oklahoma Natural Gas Co. v. State Ex Rel. VassarSupreme Court of Oklahoma · 1940
  5. Rath v. LaFonSupreme Court of Oklahoma · 1967

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3Cited by82 opinions

  1. Fuller v. OdomSupreme Court of Oklahoma · 1987
  2. Keating v. EdmondsonSupreme Court of Oklahoma · 2001
  3. Minie v. HudsonSupreme Court of Oklahoma · 1997
  4. Oglesby v. Liberty Mutual Insurance Co.Supreme Court of Oklahoma · 1992
  5. Oklahoma Ass'n for Equitable Taxation v. City of Oklahoma CitySupreme Court of Oklahoma · 1995

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