Purnell v. Dodman

OPINION

WALSH, Judge

This personal injury action arose out of an automobile accident which occurred on August 31, 1968, and was initially filed in this Court on July 8, 1970. Plaintiffs’ attempted service under the non-resident motorist statute (10 Del.C. § 3112) was ineffective and resulted in the dismissal of the complaint. The factual background of that aspect of the case is fully set forth in the opinion of this Court dated October 12, 1972 and reported at 297 A.2d 391. No appeal was taken. On February 21, 1973, the plaintiffs filed a new complaint on the same cause of action and were…