Davidson v. Baker-Vander Veen Construction Co.

The trial judge entered an accelerated judgment dismissing plaintiff Jóe Davidson’s complaint as to added defendants, Process Solvent Company, Inc., and William L. VanTongeren, doing business as Mercury Building Maintenance, on the ground that his claims were barred by a statute of limitation. Davidson appeals.

The added defendants were not served until after the three-year period prescribed by the statute 1 had expired. Davidson relies on a tolling provision, claiming that he was insane at the time his claim accrued and, accordingly, the time for bringing his action was extended and the added…