Kuk v. Nalley

OPINION

MATTHEWS, Justice.

A statute provides that when a defendant leaves the state her absence is not part of a limitations period. Does this statute apply when she is temporarily out of the state but amenable to service of process? We answer "no" because our case law establishes that the absence contemplated by the statute must obstruct or prevent a suit. This interpretation serves the policy of limitations statutes by providing a definite time and avoiding needless uncertainty.

Facts and Proceedings

On November 17, 2002, motor vehicles driven by Janet Nalley and Thomas Kuk collided. Thomas,…