Jones v. Harding Glass Co., Inc.

COYTE, Judge.

Plaintiffs appeal from a judgment of the trial court granting summary judgment in favor of defendants and dismissing plaintiffs’ claim for punitive damages. We reverse and remand the cause to the trial court.

The minor plaintiff was injured in an accident. Her complaint for damages was filed more than one year after the accident and included a claim for exemplary damages. The prayer of the complaint also requested an award for exemplary damages.

Defendants’ amended answer includes the defense that the exemplary damages claim is barred by the one year statute of limitations, §…