Busch v. Atkinson

Plaintiff Monica Busch brought this action in the District Court for the Thirteenth Judicial District, Yellowstone County, to recover damages allegedly sustained in an automobile accident involving Defendant Michael Atkinson, Jr. Defendants filed a motion to dismiss based on Plaintiff’s failure to have a summons issued within one year of filing the complaint, pursuant to Rule 41(e), M.R.Civ.P. The District Court granted Defendants’ motion and ordered the dismissal of this action. We reverse.

We address the following issue on appeal:

*480Did the District Court err in dismissing Plaintiff’s personal…