Layman v. Keller Ladders, Inc.

The present case was instituted by Lewis P. Layman, hereinafter referred to as the plaintiff, in the Circuit Court of McMinn County against Keller Ladders, Inc., et al., claiming damages for personal injuries in the amount of $100,000.00. A general issue plea and special pleas were filed by the defendants; they were subsequently withdrawn, and a plea in abatement was filed. The trial judge sustained the plea in abatement, holding that the one year statute of limitations barred the plaintiff’s suit. Plaintiff appealed directly to this Court.

Plaintiff’s declaration contains three counts: (1)…