Alaska Supreme Court
Arthur Silverton and Frances Silverton, Appellants v. Jack Marler and Erma Evans Hart, Appellees
January 30, 19641964 Alas. LEXIS 182
Summary
The court held that the two-year statute of limitations for tort actions, rather than the six-year contract period, governed the paying guest's premises-liability claim because the innkeepers' duty arose from tort law. Filing the complaint commenced the action and tolled the limitations period, notwithstanding the statutory provision requiring issuance of a summons, because commencement is governed by Civil Rule 3. The court nevertheless affirmed dismissal for failure to prosecute because the plaintiff failed to exercise reasonable diligence in serving the defendants, and prejudice was not required to justify dismissal.
Holding
- Applicable statute of limitations for the premises-liability claim. The two-year statute governing tort actions applies because the innkeepers' duty to maintain reasonably safe premises or warn of dangerous conditions was imposed by law on the business relationship and did not arise from the contractual relationship.
- Effect of filing the complaint on the limitations period. Filing the complaint commenced the action and interrupted the running of the statute of limitations; reasonable diligence in obtaining service was not required for tolling.
- Conflict between the statutory commencement provision and Civil Rule 3. The statutory provision requiring both filing of the complaint and issuance of summons to commence an action is ineffective because it regulates court practice and procedure within the constitutional rulemaking authority of the supreme court.
- Dismissal for failure to prosecute based on delayed service. Dismissal was justified because the plaintiff's failure to serve the defendants for two years and eight months demonstrated a complete lack of reasonable diligence. The defendants were not required to show prejudice.
Docket 341
Cited authorities
- Rule 4(a)
- Rule 41(b)
- Rule 41(b)
- R. 4(a)
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