Brown v. Pacific Telephone & Telelegraph Co.

Opinion

JEFFERSON (Bernard), J. *

Plaintiff Clarence C. Brown filed a complaint for personal injuries against defendant Pacific Telephone and Telegraph Company, a California corporation, on October 16, 1975. The complaint sought damages for a slip and fall accident which had occurred on defendant’s premises on October 17, 1974.

Plaintiff did not serve defendant with a copy of the summons and complaint until March 15, 1978. After receiving an extension of time in which to plead, defendant, on May 18, 1978, filed a motion to dismiss plaintiffs action for lack of prosecution pursuant to Code of…