Dorry v. Garden

Summary

The court held that the accidental-failure-of-suit statute saved the plaintiff's wrongful-death action because several defendants received effective notice within the applicable limitations period or the additional service period. The court concluded that proper service is not required for an action to be considered commenced under the savings statute, and that the thirty-day period for service by a marshal is included in the statutory time period. The judgment dismissing the action was reversed and remanded, with an evidentiary hearing required to resolve the disputed notice date as to Wilson.