Kubik v. Streule

This is an action in tort to recover for personal injuries allegedly sustained by the plaintiff in an accident involving the plaintiffs and the defendant’s motor vehicles. The trial court dismissed the action pursuant to Mass. R. Civ. R, Rule 40) for the plaintiffs failure to serve a summons and copy of the complaint upon the defendant within ninety days of complaint filing. The plaintiff has appealed that ruling pursuant to Dist./Mun. Cts. R.AD A., Rule 8C.1

1. On October 18,1995, one day prior to the expiration of the statute of limitations, the plaintiff commenced this action in the Salem…