Bergstresser v. McCaig

The above-named defendant moves to dismiss the plaintiff’s complaint upon the ground that the action set forth in plaintiff’s complaint is barred by virtue of the three-year Statute of Limitations, the said action being founded in negligence.

There is no dispute as to the facts. The action was brought about as a result of an automobile accident on July 22, 1961 in the County of Ontario, New York. The plaintiff under date of July 20, 1964 delivered copies of the summons and complaint to the Sheriff of Brevard County in the State of Florida after the plaintiff concluded that the defendant was a…