[Download] "Fleming v. Jackson" by In the Supreme Court of the State of Delaware " Book PDF Kindle ePub Free

July 11, 2021

eBook details

Title: Fleming v. Jackson
Author : In the Supreme Court of the State of Delaware
Release Date : January 23, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

1. On July 6, 2004, the plaintiffs-below and appellees, Irene Jackson, Tiffany Hunter and Jamiyah Griffin, filed a complaint in Superior Court against the defendants-below and appellant, Serana Fleming and Sebron Fleming for injuries resulting from an automobile collision that occurred on July 3, 2002. Fleming filed a motion to dismiss in Superior Court claiming that the two-year statute of limitations period for personal injury claims pursuant to 10 Del. C. Â§ 8119 barred Jacksons suit because the suit was not filed by Saturday July 3, 2004. A Superior Court judge denied the motion and held that Delaware Superior Court Civil Rule 6(a) extended the time period permitting Jackson to file her suit on July 6, 2004. Fleming, claiming that Delaware Superior Court Civil Rule 6(a) is inapplicable, filed this interlocutory appeal. Because the last day to file this timely suit under 10 Del. C. Â§ 8119 was a Saturday, Delaware Superior Court Civil Rule 6(a) extended the statute of limitations period to the next day the Prothonotary was open, July 6, 2004. Accordingly, the trial judges ruling is AFFIRMED.