Wood v. Martin

SIMONETT, Justice.

This appeal questions the validity of a service of process made under Minn.Stat. § 170.55 (1980), when, at the time service was made on the commissioner of public safety, the named defendant nonresident motorist was deceased. The trial court, on motion, dismissed the action for lack of jurisdiction and insufficient service of process. We affirm.

Plaintiff-appellant Donna R. Wood was injured in a Minnesota auto accident on March 11, 1976, with defendant Calvin George Martin, an Iowa resident. On November 8, 1981, about 4 months before the expiration of the applicable 6-year…