Briggs v. Moring

By JUDGE T. J. MARKOW

This case is before the court on defendant’s special plea of the statute of limitations.

The motion for judgment alleges that plaintiff was injured in an automobile collision on May 13, 1986. It was filed on May 11, 1988. Service of process was deferred at plaintiff’s request and was not attempted until her request on March 1, 1989.

The named defendant, the driver of the automobile alleged to be negligent, Wendell A. Jenkins, Sr., died on January 9, 1987. An executor for his estate qualified on January 22, 1987.

The return of service of March 8, 1989, reflected Jenkins’…