Sweet v. Ayres

This is an appeal by the plaintiff, Gregory A. Sweet, from an order granting summary judgment in favor of the original defendant, Charles J. Ayres, because plaintiff’s claim was barred by the statute of limitations. We do not agree and reverse the order.

This action of trespass arose out of an automobile accident which occurred on September 7, 1975, and was initiated by the issuance of a summons on July 15, 1977. The summons was delivered to the sheriff with proper instructions and fees, but the sheriff did not serve it because he received a telephone call from plaintiff’s father requesting…