Robertson v. Giant Food Market, Inc.

These two cases for damages sounding in tort were consolidated and heard together.

Mrs. Robertson received injuries by reason of the alleged negligence of defendant, Giant Food Market. The Court of Appeals reversed the action of the Trial Judge in sustaining the defendant’s plea of the one year statute of limitations applicable to tort actions. We have granted certiorari.

Determination of this disagreement between the two Courts turns upon the construction of Section 28-105, T.C.A. reading as follows:

“28-105. Summons as commencement of action.—

“The suing out of a summons is the commencement of…