Swanson v. State Farm Mutual Automobile Insurance

Miller, Judge.

The issue in this case is whether a consolidated pretrial order submitted by the parties, but unsigned by the court, which order fails to raise a defense mentioned in the answer, precludes the defendant from pursuing the defense in a motion prior to trial. Holding that it does not, we affirm the order dismissing the case on this defense.

On the day the statute of limitation ran, Natalie Swanson and Norma Bresil sued Andy Johnson and a John Doe for personal injuries arising out of an auto accident but failed to make any attempt to serve Johnson with process after the sheriff…