Smith v. Quinn

GREENE, Judge.

This is an appeal from the trial court’s dismissal with prejudice of plaintiffs action for personal injuries which she alleges were caused by defendant’s negligence.

The facts giving rise to this appeal are undisputed. Plaintiff instituted this action by filing a complaint in District Court on 7 March 1986, approximately one week before the expiration of the applicable three-year statute of limitations. The clerk issued a civil summons on that date; however, the summons was not delivered to the Sheriff for service until 7 April 1986, the day before the summons was to expire.…