Timothy Frazier v. Liberty Mutual Insurance Company, alias, ABC Insurance Company

Syllabus

The plaintiff, Timothy Frazier, appealed from a Superior Court judgment granting summary judgment in favor of the defendant, Liberty Mutual Insurance Company. On appeal, the plaintiff argued that the trial justice erred in holding that the statute of limitations barred his claim for personal injuries that arose from a fall on the property of the defendant's insured. The Supreme Court held that the statute of limitations did not bar the plaintiff's claim against the defendant. The Court held that the savings statute, G.L. 1956 § 9-1-22, was applicable to the plaintiff's claim because the defendant was not a stranger to the original action against its insured. Accordingly, the Court vacated the judgment of the Superior Court.