Puchek v. Elledge

SWYGERT, Chief Judge.

This is a suit for personal injuries arising out of an automobile accident. Diversity of citizenship is the basis of jurisdiction, the plaintiff being a citizen of Indiana and the defendant a citizen of Michigan. The accident occurred on December 23, 1954. The action was commenced on February 13,1957 and service was obtained upon defendant pursuant to the provisions of the Indiana Nonresident Motorist Statute, Burns’ Stat.1952 Repl. § 47-1043.

Defendant moves to dismiss on the ground that the action is barred by the statute of limitations requiring that suits for personal…