St. Jeor v. Kerr Corp.
Annotate this CasePlaintiff filed a wrongful death suit related to her husband’s exposure to asbestos. Plaintiff served numerous defendants within within 120 days of filing in accordance with the service-of-process provisions of Utah R. Civ. P. 4(b) but did not serve defendant Kerr Corporation until five years later. Kerr filed a motion to dismiss on the grounds that it had not been timely served. The district court denied the motion. At issue in this appeal was Rule 4(b)’s provision that “where one defendant in a case is served, other defendants may be served at any time prior to trial.” The Supreme Court affirmed, holding that Plaintiff complied with Rule 4(b)’s service of process requirements because she served Kerr prior to trial and while previously served defendants remained parties to the action.
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