Atterbury v. Wells

Plaintiff appeals a judgment for defendant, based on the trial court’s holding that defendant was not adequately-served with summons and complaint. We affirm.

On July 5, 1990, plaintiff was injured in an automobile accident. On June 30,1992, plaintiff filed a complaint alleging that her injuries were the result of defendant’s negligence. The facts relating to service of summons are undisputed. On June 30,1992, plaintiffs attorney sent a copy of the complaint to defendant’s insurance carrier by regular mail. On that same date, plaintiffs attorney requested the Curry County Sheriff to serve…