Ward v. Saben Appliance Co.

Is a civil action "commenced" for purposes of tolling the applicable statute of limitations when an attorney files a complaint but directs the clerk to withhold service of process in the case? That is the central issue of this appeal.

On September 17, 1979 appellant Janice Nell Ward filed her complaint in the circuit court of Montgomery County seeking damages against the appellees, Saben Appliance Company, Inc., and Brenda Allen, Inc., for personal injuries allegedly suffered by her on September 16, 1978, when she slipped and fell on the appellees' business premises. September 17, 1979, was…