Hernandez v. Furr's Supermarkets, Inc.

OPINION

LARSEN, Justice.

This appeal involves the application of the statute of limitations where plaintiff initially named the wrong corporation as defendant, together with the common business name used by both the named corporation and the proper defendant. The proper defendant was not sued until after limitations had run. We reverse and remand.

FACTS

As Lucia Hernandez was shopping at the Furr’s grocery store on the corner of Montana and Copia Streets in El Paso on December 7, 1992, a piece of the ceiling fell on her, causing injuries. She hired a lawyer who sent Furr’s claims adjuster a…