Constantini v. Hofer

Plaintiff appeals an accelerated judgment for defendants below, dismissing the cause of action.

Plaintiff brought a tort action seeking damages for personal injuries which allegedly resulted from defendants’ negligence. The automobile accident from which the cause of action arose occurred on June 26, 1962; the applicable statute of limitations would have run by June 26, 1965. On June 8, 1965, suit was filed in Wayne county circuit court; the summons was delivered to another attorney for service; and service was attempted by mailing. On August 13, 1965, summons and complaint were put in the…