Hodge v. Smith

OPINION

MIRABAL, Justice.

This is an appeal from a judgment in favor of the defendant on the basis of a statute of limitations bar. We reverse and remand.

On November 13, 1989, John Hodge, Sr., appellant, filed suit against Charlie Wayne Smith, Jr., appellee, for personal injuries arising out of an automobile accident on November 13, 1987. The lawsuit was filed exactly two years after the accident.

Smith filed a general denial, and additionally asserted the affirmative defense of statute of limitations bar, as well as other affirmative defenses. Smith then moved for summary judgment, asserting as…