S & H Grocery Inc. v. Gilbert Construction Co.

McMILLIN, P.J.,

for the Court:

¶ 1. This case raises the issue of whether the “savings” provision of Section 15-1-69 of the Mississippi Code of 1972 extends to suits filed within the permitted one-year grace period after the same cause of action has been dismissed in a court of another State. We hold that the provisions do not apply in such instance and, therefore, affirm the judgment of the trial court.

¶ 2. S & H Grocery, Inc., the plaintiff at the trial level and the appellant before this Court, filed a negligence action against Gilbert Construction Company, Inc., Southern Company, Inc. and…