Marder v. Dembinski

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Lisa O. Marder (“Marder”), an Illinois resident, has filed this diversity action against Jan Dembinski (“Dembinski”), a Connecticut resident, for personal injuries arising out of an April 18, 1978 accident in Williamstown, Massachusetts. Suit was filed March 19, 1980, one month before the expiration of Massachusetts’ two-year statute of limitations. Because Dembinski was living in Austria when the Complaint was filed, Marder caused substitute process to be served on Dembinski’s mother in Connecticut (after the limitations period had expired).

D…