Roshelli v. Sperry

EAGLES, Judge.

In arguing that the defendant’s motion for summary judgment was erroneously granted, plaintiff acknowledges that the summons directed to the defendant was not issued until eleven days after the complaint was filed and more than three years after the occurrence of the injuries for which he seeks recovery. He contends that the applicable three-year statute of limitations, G.S. 1-52, was tolled when the action was commenced by the filing of his complaint on 27 March 1981 and continued to be tolled subject only to having the defendant properly served with a copy of the complaint and…