Talmage Crump vs. Kimberly Bell

This is a personal injury case. Plaintiff filed a complaint and issued summons, which was returned "not to be found." Plaintiff issued an alias summons which was also returned "not to be found." Plaintiff issued pluries summons more than one year after the return of the alias summons. The trial court dismissed plaintiff's case for failure to comply Rule 3, Tenn.R.Civ.P. Plaintiff asserts that defendant is equitably estopped from relying upon Tenn.R.Civ.P. 3, because of action of defendant's liability insurance carrier leading him to believe that the defense would not be raised upon which he relied to his detriment. The trial court found no estoppel, and plaintiff has appealed.