Fuller v. Stuart

Motion by the defendant Fred E. Stuart, appearing specially, to dismiss the complaint on the ground that the cause of action is barred by the Statute of Limitations.

On July 13, 1952 the plaintiff was struck by a motor vehicle driven by the defendant Fred E. Stuart. On April 12, 1956 a summons and complaint were purportedly served upon Fred E. Stuart.

Obviously, as more than three years (Civ. Prac. Act, § 49) have elapsed since the date of the accident, a cause of action for personal injuries is barred unless the statute is tolled. It appears that between the date of the accident and the date…