Collins v. Franklin

Pannell, Presiding Judge.

The injury upon which the present action is based occurred on May 30, 1971, and suit was brought on July 25, 1972. The plaintiffs having failed to appear at a pre-trial conference after a notice was mailed, the trial judge upon motion of the defendant dismissed the complaint for lack of prosecution by order entered on March 12, 1973, and on May 31, 1973, the case was reinstated, upon motion by plaintiffs.

The defendant contends, in his motion for judgment on the pleadings, which was overruled by the trial judge, that the statute of limitation of two years for a tort…