Hazel Goss v. John E. Hutchins

This tort case was brought after plaintiff nonsuited a prior action. The trial court denied defendants 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.