Gray v. Johnson

Harshbarger, Justice:

On August 31, 1971, Maggie Gray, a pedestrian, was struck by Eugene Johnson’s automobile and sustained personal injuries. At that time both parties were residents of West Virginia. In August, 1972, apparently unbeknownst to plaintiff Gray, Johnson moved out of state. Plaintiff filed a complaint on June 15, 1973, and a summons was issued that day. On June 25, 1973, the sheriff returned the process noting that defendant was not found and had moved.

A little more than a year later, on August 2, 1974, another summons was issued by the clerk pursuant to our nonresident motorist…