Holly v. Osleisek

Appellant and ap-pellee were involved in an automobile accident. Appellee filed suit just prior to the expiration of the two-year statute of limitations. Appellant filed an answer and counterclaimed for his own injuries after the expiration of the statute of limitations. At trial appellee dismissed her complaint and moved for dismissal of the counterclaim as being barred by the statute of limitations. The trial court granted her motion and appellant appeals. We reverse since we find appellant’s counterclaim was timely when filed and did not become stale by the appellee’s dismissal of her…