Demnyan v. Ford Motor Co.

TERPUTAC, J.,

The instant civil action was instituted by means of a writ of summons in trespass .filed by plaintiffs on July 19, 1982. The question before the court is whether the statute of limitations is a bar to the action.

After the writ of summons in trespass was filed, it was issued to plaintiffs’ attorney. Neither was the writ delivered to thé sheriffs office for service, nor did the attorney for plaintiffs provide the sheriff with any instructions. Upon the retention of new counsel by plaintiffs, new counsel filed a praecipe, to reissue the writ of summons on September 17, 1985. As a…