KINGSTON v. SPLASH POOLS OF MISSISSIPPI

No. 2005-CA-02257-COA.

956 So.2d 1062 (2007)

William KINGSTON, Appellant v. SPLASH POOLS OF MISSISSIPPI, INCORPORATED and Donna N. Parker Withrow, Jointly and Severally, Appellees.

Court of Appeals of Mississippi.

May 8, 2007.


Attorney(s) appearing for the Case

T. Jackson Lyons, Jackson, attorney for appellant.

Mona Vidin Patel, James D. Holland, Jackson, attorneys for appellees.

Before MYERS, P.J., CHANDLER and GRIFFIS, JJ.


CHANDLER, J., for the Court.

¶ 1. William Kingston filed suit against Splash Pools of Mississippi, Inc. and its corporate manager after one of its employees allegedly attacked and beat Kingston while Kingston was a patron. Kingston failed to serve process on the defendants within the 120-day time period prescribed by Mississippi Rule of Civil Procedure 4(h). The defendants moved to dismiss the suit, and the lower court granted the motion due to untimely service...

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