Yvonne Perry v. Kroger Stores

Yvonne Perry sued Kroger Stores for damages arising from a slip and fall. Although suit was filed one day before the applicable statute of limitations barred the suit, service of citation was not accomplished until nine months after the suit was filed. Kroger moved for summary judgment, contending that the statute of limitations barred the suit because Perry had not exercised due diligence in effecting service of process. The trial court granted summary judgment for Kroger. We affirm.