MATTHEWS TRUCKING CO. v. Smith

McGEE, Justice.

The crux of this personal injury case is whether the correct defendant was named. There are two entities with similar names. Matthews-Lufkin, Inc., d/b/a Matthews Trucking Company is the correct defendant. Matthews Trucking Company, Inc., d/b/a Louisiana-Matthews Trucking Company, Inc., was the entity named as defendant in plaintiffs petition.

The trial court granted a motion for summary judgment in favor of Matthews-Luf-kin, Inc., d/b/a Matthews Trucking Company because it was not sued within two years from the date of the accident. Tex. Rev.Civ.Stat.Ann. art. 5526 (Vernon…