Circle C. Constr., LLC v. Nilsen

Plaintiff filed an action against Defendant within the extended statute of limitations set by a tolling agreement. Plaintiff voluntarily nonsuited the action and refiled it within one year but after the extended statute of limitations in the tolling agreement. The trial court granted summary judgment in favor of Defendant, determining that the case was not timely filed. The court of appeals affirmed, concluding that the tolling agreement precluded application of the savings statute and, therefore, Plaintiff’s claims were barred. The Supreme Court reversed, holding that, under the parties’ agreement, the savings statute applied to save the suit that Plaintiff refiled after the extended statute of limitations set in the tolling agreement but within the one-year period provided by the savings statute. Remanded. View "Circle C. Constr., LLC v. Nilsen" on Justia Law