Smith v. Schraffenberger

COZORT, Judge.

Defendant appeals the denial of his motions to dismiss for lack of jurisdiction over the person, insufficiency of process and insufficiency of service of process pursuant to Rules 12(b)(2), (4), and (5), respectively, of the North Carolina Rules of Civil Procedure. We affirm.

On 20 July 1985, plaintiff and plaintiffs intestate were traveling on Highway 70 in Carteret County when they were involved in an accident with an automobile which was owned and operated by defendant. On 26 June 1987, plaintiff instituted a wrongful death action against defendant by filing a complaint in…