Michael Lind v. Beaman Dodge, Inc., D/b/a Beaman Dodge Chrysler Jeep

Summary

The Court held that the plaintiff’s strict-liability claim against the dealership was timely because that claim became available when the truck’s manufacturer was judicially declared insolvent. The negligence claim was untimely because the dealership’s alleged failure to inspect and warn could have supported a claim in the original action, and the plaintiff did not refile within the saving statute’s one-year period after the nonsuit. The judgment was affirmed in part, reversed in part, and remanded for trial. Chief Justice Clark, concurring in the judgment, would have treated insolvency as tolling the limitations period rather than delaying accrual.