Smith v. Starnes

FRYE, Justice.

This cause of action arose out of a 7 August 1980 automobile accident in which plaintiffs intestate was killed instantly and plaintiffs vehicle was severely damaged. Suit was duly commenced by the filing of a complaint and the issuance of a sum*614mons on 6 August 1982.1 On 13 August 1982, Mr. Armentrout, plaintiffs counsel, mailed the original summons and a copy of the complaint to defendant’s counsel and requested that counsel have defendant sign an enclosed acceptance of service. On 23 September 1982, defendant’s counsel returned the complaint and summons by letter and stated…