Bean v. Midwest Battery & Metal, Inc.

HARRIS, Justice.

According to an old lawyers’ adage, terrible problems with service of original notice inevitably arise in suits brought on the eve of the running of limitations. This case confirms the adage. The trial court dismissed this “last-minute” suit because for eight months the plaintiff made no effort to serve defendant with an original notice. We affirm.

In 1975 we extensively revised the procedural rules relating to commencing actions. We did so in the hope of removing terrors which, on highly technical grounds, formerly ended lawsuits even as they began. See Note, Procedural…