Fuller v. Safeway Stores, Inc.

Plaintiff brought an action for damages for personal injuries allegedly negligently caused by defendant. The trial court sustained a demurrer to plaintiff’s complaint and entered a judgment of dismissal based thereon from which plaintiff appeals.

Plaintiff was injured on February 19, 1968. She thereafter filed an action for damages against defendant which was dismissed on June 26, 1969, for want of prosecution. On March 6,1970, more than two years after her injury but within one year from the date of the prior dismissal, plaintiff filed the complaint involved in the present case to enforce the…