(Download) "Kathleen Walsh v. John Ogorzalek" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Kathleen Walsh v. John Ogorzalek
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 31, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
In an action commenced approximately twenty-nine months after the plaintiff sustained personal injuries in an accident in Massachusetts while she was a passenger in an automobile operated by the defendant, a nonresident at the time of the accident and more than twenty-three months thereafter and whose name and location were known to the plaintiff, it was held that G. L. c. 260, § 9, was inapplicable to toll the two year statute of limitations set forth in § 2A, and that the action was barred, since the defendant had been susceptible to service of process under c. 90, § 3A, and under c. 223A, § 6. [272-275] The defendant made a motion for summary judgment which was allowed by a Judge of the Superior Court based on the pleadings, interrogatories, and affidavits filed by the parties. The Judge ruled that G. L. c. 260, § 9, 1 which provides for the suspension or ""tolling"" of the statute of limitations for the period during which a defendant resides out of the Commonwealth, is not applicable when a nonresident defendant could be served pursuant to G. L. c. 90, § 3A, 2 and, therefore, that the plaintiff's action was barred by the statute of limitations. Judgment was entered for the defendant, and the plaintiff has appealed therefrom. We conclude that there was no error.
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