Jones v. Home Indemnity Insurance Co.

OPINION

FONES, Chief Justice.

The sole issue before the Court in this worker’s compensation case is whether the trial court erred in granting defendant’s motion for summary judgment, invoking the bar of the one year statute of limitations. We find that the record presents a genuine issue of material fact and that the granting of a summary judgment was erroneous. We reverse and remand for a complete trial of this worker’s compensation case on its merits.

Plaintiff was injured on July 30 or 31, 1979, but did not file suit until August 25, 1980. Plaintiff contends that under the “injury” statute of…