Harris v. Johns

Adams, Judge.

On March 5, 2004, plaintiff Charles E. Harris filed a complaint against Jeremy Johns and others seeking to recover for personal injuries he allegedly received in an automobile accident that occurred on March 14, 2002. Johns was not served with the complaint until April 30, 2004. He subsequently filed a motion to dismiss or, in the alternative, motion for summary judgment based upon Harris’s failure to serve him within the statute of limitation. The trial court granted summary judgment to Johns, and this appeal followed.

The determination of whether the plaintiff was guilty of…