Blue v. Tos

GREENE, J.:

Howard Wayne Blue appeals the dismissal of his tort claim against Jeanine Tos, claiming that the district court erred in basing the dismissal on Blue’s failure to commence his action within the applicable statute of limitations. We affirm.

Factual and Procedural Overview

Blue was injured on May 16, 2001, in an automobile collision allegedly caused by the negligence of Tos. Although not properly documented in the record, on October 29, 2001, a partial payment for property damage was made by Tos’ insurer to Blue. On May 13, 2003, Blue filed his petition stating claims for relief…