Dollar General Stores, Ltd. v. Smith

Opinion of the Court by

Chief Justice LAMBERT.

We have held that the saving provision of KRS 413.270 applies as well to improper venue selection as to jurisdictional error.1 However, we have not previously decided whether the saving statute applies also where the original forum dismissed the case on grounds of forum non conveniens and the claim was re-brought in another *164proper venue within the extended time allowed. This issue is before us here.

This case arose on April 28, 2002, when Appellee, Mabel Rose Smith, was injured in a slip and fall accident on the Appellant’s premises in Casey County.…