Reynolds v. Alcorn

COUNTISS, Justice.

This appeal by Beth Burnett Reynolds (hereafter “Reynolds”) from a summary judgment in favor of appellee, Dixie Keen Alcorn (hereafter “Alcorn”) requires us to determine whether Reynolds’ suit is barred by the statute of limitations. We conclude that it is, because Reynolds failed as a matter of law to exercise diligence in securing service on Alcorn, and affirm the judgment of the trial court.

The undisputed facts developed by the summary judgment evidence reveal the following sequence of events. On September 25,1974 in Lubbock, Texas, Reynolds was a passenger in an…