Walsh v. Ogorzalek

The defendant made a motion for summary judgment which was allowed by a judge of the Superior Court based on the pleadings, interrogatories, and affidavits filed by the parties. The judge ruled that G. L. c. 260, § 9, 1 which provides for the suspension or “tolling” of the statute of limitations for the period during which a defendant resides out of the Commonwealth, is not applicable when a nonresident defendant could be served pursuant to G. L. c. 90, § 3A, 2 and, therefore, that the plaintiff’s action was barred by the statute of limitations. Judgment was entered for the defendant, and the…