Sammie L. Brookins v. Saint Francis Hospital Foundation

Syllabus

After husband's health care liability complaint was dismissed without prejudice for lack of prosecution, husband and wife re-filed in reliance on the savings statute. The intended defendant, who had neither been served nor named in connection with the first complaint, was eventually named in an amended complaint after the second complaint had been filed. The trial court later dismissed the action against the intended defendant, holding, among other things, that the case was barred by the statute of limitations. We affirm.