Goss v. Hutchins

OPINION

FONES, Justice.

This tort case was brought after plaintiff non-suited a prior action. The trial court denied defendant’s motion for summary judgment based on the contention that the personal representative of the Estate of Annie Hutchins had not been sued in the first case. A jury trial was held and the jury awarded damages to plaintiff. The Court of Appeals held that the savings statute was not applicable and the statute of limitations had expired. We granted permission to appeal.

On 18 October 1980, an automobile operated by George Goss collided with another automobile in Rhea County,…