Tetzlaff v. Brooks

This is a statute of limitations case that involves our interpretation of section 5-229 of the Idaho Code (I.C.). We reaffirm that this statute tolls the running of a statute of limitations only when the party against whom the claim is made was out of the state and during that time could not have been located for service of process with reasonably diligent efforts. We uphold the trial courts grant of summary judgment dismissing the claim in the present case. The party seeking to toll the statute of limitations did not present evidence to create a genuine issue of material fact whether, with reasonably diligent efforts, it could have located the party against whom the claim was made for service of process while out of state.