Sayne v. Wylie

CAVANAUGH, Judge:

The lower court sustained defendant’s preliminary objections on the ground that the statute of limitations barred plaintiff’s claim. We disagree and reverse.

According to the complaint plaintiff suffered personal injuries as a result of an automobile accident on May 27, 1969. On May 25, 1971, plaintiff commenced suit by writ of summons in trespass. Although the writ was issued by the prothonotary, it was never served on the defendant.

On October 1, 1971, plaintiff filed a complaint in trespass. The complaint was reinstated on February 16,1972, April 12, 1972 and December 12,…