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VARELA v. HI-LO POWERED STIRRUPS, INC.

No. 79-477.

424 A.2d 61 (1980)

Julio D. VARELA, Appellant, v. HI-LO POWERED STIRRUPS, INC., Underwriters Laboratories, Inc., First Virginia Leasing Co., Will-Burt Co., National Restoration Corp., and A.A. Ladder & Supply Corp., Appellees.

District of Columbia Court of Appeals.

Decided October 28, 1980.

Attorney(s) appearing for the Case

Wayne M. Mansulla, Washington, D. C., for appellant.

Richard W. Galiher, Washington, D. C., for Hi-Lo Powered Stirrups, Inc.

James I. Serota, Chicago, Ill., for Underwriters Laboratories, Inc.

John T. Coyne and William J. Carter, Washington, D. C., filed a brief for First Virginia Leasing Co.

Edward J. Gorman, Jr., Washington, D. C., with whom Audrey F. Gorman, Washington, D. C., was on brief, for Will-Burt Co.

Edwin A. Sheridan, Fairfax, Va., for Nat. Restoration Corp.

David P. Durbin, Washington, D. C., filed a brief for A.A. Ladder and Supply Corp.

Before NEWMAN, Chief Judge, and KELLY, KERN, GALLAGHER, NEBEKER, HARRIS, MACK and FERREN, Associate Judges.

NEWMAN, Chief Judge:

We consider in this case the question of what interpretation is to be given to Super. Ct.Civ.R. 3 (hereinafter Rule 3); more specifically, we must decide whether the filing of a complaint, without more, tolls the applicable statute of limitations. The pertinent facts of this case are simple: appellant Varela filed his complaint before the statutory period of limitations ran but did not attempt service (by certified mail) until three days...

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