Andrews v. Stam

2007 VT 79, 939 A.2d 455, 182 Vt. 482, 2007 Vt. 79, 2007 Vt. LEXIS 235
Supreme Court of Vermont·Decided August 17, 2007·No. No. 06-354·Published·Cited by 3 cases

Opinion

Burgess, J.

¶ 1. Plaintiff Anthony Andrews appeals a superior court order dismissing his claim of negligence against defendant Kurt Stam for personal injuries sustained when the parties were involved in a two-car accident in Vermont. Defendant moved to dismiss, based on plaintiff’s failure to file suit within the three-year statute of limitations generally applicable to such claims. The superior court initially denied the motion, then later granted defendant’s motion to reconsider and dismissed plaintiffs action. On appeal, plaintiff argues that the applicable statute of limitations is tolled when the defendant resides out of state and the suit concerns a motor vehicle accident in which the defendant was involved. We agree that the statute of limitations is tolled in this instance and reverse.

¶ 2. Plaintiffs complaint alleges that on January 19, 2002, he was traveling on Killington Road in Rutland when the car he was operating collided with a car operated by defendant. Defendant was and remains a resident of the State of New York and owns no real property in Vermont. Plaintiff first filed suit against defendant in Rutland Superior Court on January 7, 2005, and attempted personal service in New York. The effort at personal service was unsuccessful, and the suit was eventually dismissed. Plaintiff, with new counsel, filed the present case on December 6, 2005, and effectuated service on December 8, 2005, by serving the Vermont Commissioner of Motor Vehicles pursuant to 12 V.S.A. §892.

¶ 3. Defendant, in his motion to dismiss, maintained that plaintiffs second action was barred by the three-year statute of limitations in 12 V.S.A. § 512(4).

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Andrews v. Stam, 2007 VT 79, 939 A.2d 455, 182 Vt. 482, 2007 Vt. 79, 2007 Vt. LEXIS 235 (Vt. 2007).

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Andrews v. Stam
182 Vt. 482 (Supreme Court of Vermont, 2007)