Thach v. Tiger Corp.

MURPHY, Circuit Judge.

Oanh and Kim Thach brought this negligence, products liability, and breach of warranty action against Tiger Corporation, the Japanese manufacturer of a rice cooker which allegedly caused a fire at their home. The district court 1 granted Tiger judgment on the pleadings, finding that the Thachs had failed to serve it within South Dakota’s three year statute of limitations. The Thachs appeal, contending that the limitations period was tolled when they delivered the summons and complaint to Japan’s central authority for processing under the Convention on the Service Abroad…