Hicks v. Clark, 316 Ark. 148, 870 S.W.2d 750 (1994)
Feb 28, 1994OUTCOME: Arkansas Supreme Court upheld the Trial Court's ruling on all points in our client's favor.
Represented Appellee, Ken Clark (Defendant in Trial Court). Plaintiff Hicks had obtained default judgment against Clark in amount just over $60,000 based on Hick's claim that she hit a cow on a highway ... , which said cow was alleged to be owned by Defendant Clark and that he was negligent in maintaining proper fencing. For Appellee we filed Motion To Set Aside Default Judgment on grounds our client, Ken Clark, had not been properly served. We showed that indeed our client had not been properly served; and, further, the statute of limitations had continued to run and Plaintiff Hicks would be barred by the 3-year statute of limitation if she attempted to refile. The trial court was persuaded by our argument and set aside the default judgment. Further, Appellant Hicks argued that she qualified under the Arkansas Savings Statute which, in certain circumstances, allows a plaintiff to re-file a lawsuit within one year of the expiration of the limitations period. The trial court upheld our argument that, by Hick's not having properly served our client, Defendant Clark, within 120 days of filing her lawsuit in accordance with Rule 4(i) of the Ark. Rules of Civil Procedure, the statute of limitations was not tolled and that the Arkansas Savings Statute did not apply. Therefore, she was barred by the applicable statute of limitations from re-filing her claim against our client, Defendant Clark.
