Crabtree v. City of Durham

LEWIS, Judge.

Plaintiff appeals from an order granting defendant City of Durham’s (“City”) motion to dismiss for insufficient service of process and resulting lack of personal jurisdiction. We reverse.

On 9 May 1997, plaintiff filed this negligence action against defendants City, Michael Wayne Ellis and Nationwide, alleging that while driving a truck owned by the City, Ellis backed into plaintiff’s truck. Two summonses were issued the same day, addressed to acting *817“City Manager, Cecil Brown,” and “City Clerk, Margaret Bowers,” respectively. On 9 May 1997, Deputy J.E. Brooks served the complaint…