Cohen v. CH Leavell & Co., Inc.

OPINION

PRESLAR, Chief Justice.

In this case the trial Court granted a summary judgment for one defendant and sustained the other defendants’ motion to dismiss based on the statute of limitations. We affirm as to the summary judgment and reverse and remand for reinstatement as to the defendants dismissed.

Plaintiff sustained a fall in a shopping center known as Kern Plaza and approximately one week before the two-year statute of limitations ran she filed suit against C. H. Leavell & Co., Inc., d/b/a Kern Plaza. C. H. Leavell & Co., Inc. by answer asserted:

“ * * * that on February 8, 1971, it was…