Black v. Knight

Birdsong, Presiding Judge.

On November 2, 1994, appellee Samuel D. Knight, Sr. filed a suit for damages based on an automobile accident which occurred November 4, 1992. The statute of limitation on the claim thus expired on November 4, 1994, two days after that lawsuit was filed. However, the defendant, Barbara A. Black, was not served with a copy of that lawsuit until August 24, 1995, more than nine months after the statute of limitation had expired on the claim. Black filed a motion to dismiss or, in the alternative, for summary judgment based on lack of due diligence in service of process.…