Legal Opinion
Floyd v. Ballenger
Superior Court of Delaware
Decided October 22, 1969PublishedCited by 3 opinions
1Opinion of the Court
STIFTEL, President Judge.
Delaware has a two year time limitation statute, 10 Del.C. § 8118, 1 for a personal injury action. The question here is whether it applies to defendant’s counterclaim for personal injuries and lost wages, caused by his inability to get to his New Jersey job when his car was being repaired.
The Floyds filed their complaint on January 31, 1968, based on an automobile accident which occurred on February 13, 1966. There were two non est returns, one on February 21, 1968, and the other on March 19, 1968. Plaintiffs then proceeded to obtain jurisdiction over defendant by…
2Cases cited5 opinions
- Smith-Johnson Steamship Corporation v. United StatesDistrict Court, D. Delaware · 1964
- Goldman v. Braunstein's, Inc.Supreme Court of Delaware · 1968
- Di Norscia v. TibbettSuperior Court of Delaware · 1956
- Nalley v. McClementsDistrict Court, D. Delaware · 1969
- E. F. Houghton & Co. v. Alpha Process Co.Superior Court of Delaware · 1915
3Cited by3 opinions
- TIFD III-X LLC v. Fruehauf Production Co.Court of Chancery of Delaware · 2004
- Brown v. HipshireTennessee Supreme Court · 1977
- Rieger v. BennettCourt of Appeals of Washington · 2004