Durfy v. Kellogg

Plaintiff appeals from an order of the circuit court dismissing her action for failure to effect service before the expiration of the summons. We affirm.

Plaintiff brought this action against defendant as a result of a motor vehicle accident in which plaintiff allegedly sustained injuries. The complaint was filed five days before the expiration of the period of limitation, and a summons was issued on that day. Three weeks later, plaintiff filed an amended complaint, correcting minor errors in the complaint. A new summons was issued at that time stating a new expiration date that was calculated…