Proulx v. Wells

In this case, the court of appeals held that limitations barred the plaintiffs suit because, as a matter of law, he was not diligent in serving the defendant with process. 186 S.W.3d 630, 631. We hold that the summary-judgment evidence failed to conclusively establish that the plaintiff did not exercise diligence in effecting service, and reverse the court of appeals’ judgment.

Denis Proulx filed this personal-injury suit against Michael Wells on May 2, 2003, shortly before the statute of limitations expired on May 21, 2003. Proulx’s process server, Brian Duffe, received the citation on May…