Rose B. Lemke and Percival E. Lemke, Plaintiffs-Respondents v. Jennie D. Bailey and Walter P. D. Bailey

Summary

The Supreme Court of New Jersey affirmed the lower court, holding that the tolling provision of N.J.S. 2A:14-22 applies to nonresident motorist defendants even when they are served through the Director of Motor Vehicles, and that this classification does not violate equal protection under the New Jersey Constitution or the Fourteenth Amendment. The Court relied on longstanding judicial construction and legislative acquiescence. Justice Scuettino dissented, arguing the classification is unconstitutional.