Crenshaw v. Special Adm'r of the Estate of Ayers
Annotate this CaseAppellant Hunter Crenshaw appealed the dismissal of his lawsuit against Steven Ayers. The case was dismissed because it fell outside the applicable statute of limitations. Appellant and Mr. Ayers were involved in an automobile accident, in which Mr. Ayers died. Appellant filed a complaint against Mr. Ayers days after Mr. Ayers had died. The summons was never returned. One month later, "Steven Ayers" responded to the complaint by asserting a lack of jurisdiction and defective service of process. In August, Appellant filed a motion to get more time to properly serve the complaint on Mr. Ayers' estate. In September, "Mr. Ayers" responded again, this time asserting the defense of limitations. Four days before the statute would expire, Appellant filed a response, asserting that he properly served an appointed "special administrator" of Mr. Ayers' estate. The circuit court dismissed Appellant's complaint for defective service. The Supreme Court agreed with the lower court, and affirmed its decision to dismiss Appellant's case.
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