Buscaino v. Rhodes

The compliance with the statute of limitations is the single issue before the Court in this matter.

The case arose out of an automobile accident which occurred on November 13,1964. Plaintiffs filed their complaint on November 7,1967, six days prior to the expiration of the statute of limitations. On the same date, a copy of the summons and complaint were placed in the hands of a deputy sheriff. At that time counsel for plaintiffs advised the deputy sheriff that one of the defendants was outside the State of Michigan and he told the sheriff not to serve either defendant until the absent…