Azada v. Carson

TAVARES, District Judge.

On October 12, 1963, plaintiff Mariano Azada was driving a car which collided with a car driven by defendant Roger Carson. Plaintiff and his wife filed suit for personal injuries three days before the running of the two-year statute of limitations.

Defendant was not served with process until nearly three months after the complaint was filed; thus the counterclaim later filed by the defendant was filed more than two years following the date of the collision. Plaintiffs move to dismiss the counterclaim on the ground that .it was filed after the statute of limitations had…