Wills

*943 Opinion

This is an appeal taken by Lynn Diane Held Wills, plaintiff and appellant (Wills), from the order of dismissal filed on March 22, 1974, of her action against Jesse Henderson Williams, defendant and respondent (Williams), following the granting of Williams’ motion to dismiss based on Code of Civil Procedure section 583, subdivision (b).

On February 7, 1968, Wills received severe personal injuries as a result of an automobile collision with Williams. In July 1968, Wills retained John R. Sheehan, attorney, to represent her. On February 5, 1969, Sheehan filed the verified complaint in the instant action, alleging negligence on the part of Williams, in that Williams failed to stop at an intersection “stop sign” and collided with Wills. The complaint was not served on Williams until January 29, 1971. There is no explanation for the delay in service. On November 19, 1971, defendant died without having filed an answer. At the time of his death his default had not been entered. The answer to the complaint was not filed until December 14, 1973.

Sheehan advised Wills he could not settle the action until her doctor released her and she knew the full extent of her injuries.…