Hollins v. Yellow Freight System, Inc.

MEMORANDUM OPINION

GRADY, District Judge.

This is a personal injury action. Defendant Yellow Freight System, Inc. 1 has moved for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c), on the ground that plaintiffs’ action is time-barred. Because the parties have attached to their pleadings affidavits, and because we have considered these affidavits, we construe defendant’s motion as one for summary judgment. See Fed.R.Civ.P. 12(c).

BACKGROUND

On March 10, 1981, plaintiffs Marsha and Frank Hollins were allegedly injured when a car they were riding in collided with a truck operated by…