McRae v. White

Smith, Chief Judge.

This interlocutory appeal arises out of the trial court’s denial of the motion to dismiss filed by defendant Joshua McRae. Because we conclude that McRae presented affirmative evidence that service was improper and that plaintiff Wendy White failed to rebut this evidence, we reverse.

White filed this personal injury action against McRae on November 8, 2002, alleging that she was a passenger in a car driven by McRae when the car was involved in a collision with another vehicle on November 12, 2000. According to the affidavit of service executed by a private process server on…