Ruffino v. Ballard

Plaintiffs appeal from a lower court order granting defendant’s motion for accelerated judgment, GCR 1963, 116.1. The basis of this motion was GCR 1963, 102.4-102.6, the 180-day rule.

Plaintiffs were allegedly injured in an automobile accident occurring on January 27, 1971. Complaint was filed and summons issued on January 24, 1974, three days before expiration of the statute of limitations. On November 20, 1974, exactly 300 days after it was issued, the summons was served on defendant. The record indicates that defendant was continually in residence in Michigan during this time, and no excuse…