Pettus v. Havrda

SPRIZZO, District Judge:

This is an action for personal injuries and property damage allegedly sustained by plaintiff as a result of defendant’s negligence and recklessness.1 Specifically, plaintiff alleges that he was attacked by defendant’s dog while he was riding his bicycle in front of defendant’s premises. Defendant’s answer raises inter alia a statute of limitations affirmative defense and plaintiff has moved to strike that defense.

Both parties substantially agree that the action would be time-barred unless plaintiff served the summons and complaint upon defendant on or before January…