Yeary v. Bell

Birdsong, Presiding Judge.

Bonnie Sue Yeary and John Yeary, appellants/plaintiffs, appeal the order of the superior court granting the motion to dismiss filed by appellee/defendant Fred Bell d/b/a Bell’s Food Store.

Appellant brought suit seeking damages for injuries averred to have been sustained as a result of a fall at appellee’s food store; appellee timely filed an answer to the complaint averring, inter alia, the defense of insufficient service of process. Appellee thereafter filed a motion to dismiss based upon insufficiency of process and the expiration of the statute of limitation. The…