Simpson v. Bailey

Steele Hays, Justice.

The trial court dismissed this personal injury suit by summary judgment upon a finding that the cause of action was barred by the three year statute of limitations. On appeal, appellant urges that the statute was tolled by the timely filing of the complaint and by an order extending the time for obtaining service of summons. The argument is not sustained and we affirm the trial court.

Appellant’s injuries were incurred on September 20, 1977 and suit was filed on September 11,1980. Summons was issued and returned “non-est” on September 18 with a notation that the defendant…