Hodge v. Wal-Mart Stores, Inc.

Darrell Hickman, Justice.

The question in this case is one of computing time. The trial judge held that after the appellant took a voluntary nonsuit, he did not refile his complaint within the time required by law. We find a uniform rule which we apply to such situations dictates that the suit was timely.

The facts are undisputed. The appellant sued Wal-Mart and its local store manager Benny Cash on a slip and fall case in 1983. On May 8,1986, the appellant took a voluntary nonsuit. On May 8,1987, he refiled the suit against Wal-Mart but substituted Kirk Ward as a defendant in place of Benny…