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Tate v. Coastal Utils. Inc.

The plaintiffs could not use the renewal statute to revive their personal injury claims because the federal court dismissed their original action for failure to exercise due diligence in attempting to serve the defendants outside the statute of limitation.

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Alexander H. Tate and Charles Lau filed separate appeals from the grant of summary judgment finding that their respective lawsuits were procedurally barred. In affirming that judgment, we also find that the renewal statute cannot be applied.

On April 6, 1996, Tate and Lau became involved in a multi-vehicle accident that included a utility truck owned by Coastal Utilities, Inc. “Coastal” and driven by Coastal employee Gary Clanton Groover. Three days before the expiration of the applicable statute of limitation, Tate and Lau filed a personal injury action in federal district court against Coastal and Groover. On November 4, 1998, the district court ordered Tate and Lau to provide proof that Coastal and Groover had been served, on or before August 3, 1998, or within 120 days after the filing of the complaint as required by Federal Rule of Civil Procedure 4 m. On November 23, 1998, after finding that Tate and Lau “failed to provide the required proof of service,” the district court dismissed Coastal and Groover from that litigation. In the meantime, on November 20, 1998, service was effectuated.

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