Johnson v. Preleski

Summary

The court held that successfully faxing process to a state marshal's office before the limitations period expired can constitute personal delivery under the savings statute, even without proof that the marshal personally handled the fax at that moment. The court relied on the statute's ambiguity, its remedial purpose, and circumstantial evidence showing timely receipt by the marshal's office. The Appellate Court's judgment was reversed and the matter was remanded for further proceedings.