Banzeruk v. Estate of Howitz

¶1 For the purpose of tolling any statute of limitations, the filing of the complaint tentatively commences the action, and the plaintiff has an additional 90 days after filing within which to serve the defendant. This statutory rule unambiguously applies to the filing of a complaint, not an amended complaint. Because appellant Olga Banzeruk’s filing of an amended complaint did not extend the time allowed for service, and service upon the defendant did not occur until more than three years after Banzeruk’s personal injury action accrued, her action was not timely commenced and the trial court…