Perry v. Kroger Stores, Store No. 119

ON MOTION FOR REHEARING

STEWART, Justice.

In the interests of justice, we withdraw our prior opinion of August 3, 1987 and substitute the following opinion addressing appellant’s contentions on the merits.

Yvonne Perry sued Kroger Stores for damages arising from a slip and fall. Although suit was filed one day before the applicable statute of limitations barred the suit, service of citation was not accomplished until nine months after the suit was filed. Kroger moved for summary judgment, contending that the statute of limitations barred the suit because Perry had not exercised due diligence in…