Little v. Franceschini

HIGHERS, Judge.

On October 20, 1981, the plaintiff, Hattie Little, was struck by an automobile driven by the defendant, Louis Alfred Franceschi-ni, III, and she filed suit for personal injuries on September 13, 1982. A docket entry was made in the office of the Circuit Court Clerk in Shelby County showing that there was personal service upon the defendant on September 16,1982. More than six months thereafter, the plaintiff learned that there had been no service and that there was, in fact, a return of “not to be found.” No additional process had been issued.

On February 20, 1984, the plaintiff…