Gardner Ex Rel. Gardner v. Toyota Motor Sales, U.S.A., Inc.

MEMORANDUM AND ORDER

PATRICK F. KELLY, Chief Judge.

Defendant Chrysler Corporation seeks dismissal of the plaintiffs’ first amended complaint, alleging that the action is untimely. The complaint alleges that plaintiff Cindy Gardner was injured in a 1989 automobile accident. At the time of the accident, she was riding in a Dodge Caravan driven by Terri Garrison. The Garrison car was struck in the rear by a Toyota Corolla driven by Steven Green. Gardner and her husband and guardian, Michael Gardner have previously sued Garrison and Green in state court. Those actions have been settled. The…