Tarter v. Insco

In Tarter v. Insco, 550 P.2d 905 (Wyo. 1976), the Court held the tolling statute does not apply where there is another method of service available to the plaintiff. Anderies asserts there was a substitute method of service available through Wyo. Stat. Ann. 1-6-301(a), which provides in pertinent part: "(a) The use and operation of a motor vehicle on any street or highway within Wyoming by any person upon whom service of process cannot be made within Wyoming either personally or by service upon a duly appointed resident agent is deemed an appointment of the secretary of state of Wyoming as the operator's lawful attorney upon whom may be served all legal processes in any proceeding against him, or his personal representative if he be deceased, due to damage or injury to person or property resulting from the operation of a motor vehicle on the streets or highways within this state. Such operation constitutes the operator's agreement that any process served in any action against him or his personal representative has the same legal force and validity as if served upon him or his personal representative within this state."