Matney v. Currier

REES, Justice.

This appeal comes to us from an order of the trial court sustaining defendant’s motion for summary judgment and dismissing plaintiff’s claim for personal injuries.

On March 23, 1969 plaintiff and defendant were involved in an automobile accident in Sioux City, at which time defendant was a resident of Ree Heights, South Dakota. On September 28, 1970 plaintiff filed his petition in the office of the clerk of the Woodbury County District Court seeking recovery for personal injuries and for property damages arising out of the accident.

On September 29, 1970 plaintiff filed with the…