United States Eighth Circuit

In a negligence, products liability, and breach of warranty action against the Japanese manufacturer of a rice cooker which allegedly caused a fire at plaintiffs' home, judgment on the pleadings for defendant is affirmed where plaintiffs had failed to serve defendant within South Dakota's three-year statute of limitations, because delivery of plaintiffs' request for service to the Japanese Foreign Affairs Ministry on either December 7 or 19 did not toll the limitations period under S.D. Stat. 15-2-31 before its expiration on December 11, 2007.

Appellate Information

• Decided 06/23/2010
• Published 06/23/2010

Judges

Court

• United States Eighth Circuit

Counsel