Friday, December 27, 2013

Azada v. Carson case brief

Azada v. Carson case brief summary
252 F.Supp. 988 (1966)

CASE SYNOPSIS
In personal injury action arising from automobile accident, filed three days before expiration of the limitations period, plaintiffs moved the district court (Hawaii) to dismiss defendant driver's counterclaim, alleging that it was barred by the two-year statute of limitations.

CASE FACTS
Three days before expiration of the limitations period, plaintiffs filed a complaint for personal injuries against defendant, driver of a car that collided with plaintiff's car. Plaintiffs filed a motion to dismiss defendant's counterclaim on the ground that it was barred by the two-year statute of limitations.

DISCUSSION
According to the court, simple justice dictated that, if plaintiffs were given an opportunity to present a claim for relief based upon a particular automobile collision, defendant was not prevented from doing so by a mere technicality.

CONCLUSION
Motion to dismiss defendant's counterclaim denied because simple justice dictated that, if plaintiffs were given an opportunity to present a claim for relief based upon a particular automobile collision, defendant was not prevented from doing so by a mere technicality.


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