Clark v. Falling

Tolling of the applicable statute of limitations may be accomplished by commencing service by publication within 90 days from the date of filing the complaint. Here, the plaintiff in a personal injury action obtained an order permitting service by publication on the 90th day after filing her complaint. But the first publication of the summons did not occur within the 90-day period. Accordingly, we affirm the summary judgment order dismissing the action.

Caroline Clark and Julie Falling were involved in an automobile accident on October 3, 1992. Clark was injured in the accident. After…