Olseth v. Larson

DURRANT, Justice:

INTRODUCTION

1 1 This case is before us on certification of a question of state law from the United States Court of Appeals for the Tenth Circuit. The question to be addressed is this: "Is the statute of limitations tolled under Utah Code Ann. § 78-12-85 when a person against whom a claim has accrued has left the state of Utah and has no agent within the state of Utah upon whom service of process can be made instead, but the person is amenable to service pursuant to Utah's long-arm statute, Utah Code Ann. § 78-27-24?"

[ 2 We hold that Utah Code section 78-12-35 ("Utah's tolling…