Dura-Stilts Co. v. Zachry

OPINION

COHEN, Justice.

In a non-jury trial, appellee was awarded a judgment of $26,100.67 for personal injuries he suffered in a fall from a stilt manufactured by appellant.

Appellant alleges in its first ground of error that the trial court erred in overruling its motion to dismiss for failure to obtain service of process within two years of the accident. Appellee’s injury occurred on May 24, 1977, and he filed his original petition on May 23, 1979, one day prior to the expiration of the statute of limitations. Appellee requested substituted service at the time of filing via the Secretary of…