Eichel v. Ullah

OPINION

LARSEN, Justice.

This is a personal injury suit stemming from an automobile accident which occurred May 26, 1985. On May 22, 1987, plaintiffs Thomas and Lea Eichel filed suit in Harris County District Court against Wazi Ullah. Mr. Ullah was not served with process, however, until August 12, 1988. The issue presented is whether the failure to serve process upon defendant for 14 months after the statute of limitations expired established lack of due diligence, thus preventing the mere filing of suit from tolling the running of limitations. The trial court held that the failure to use due…