Gloria Mastilir v. The New Shelby Dodge, Inc.

Plaintiff Gloria Mastilir filed a tort action against Defendant The New Shelby Dodge arising from the Defendant’s alleged faulty repair of Plaintiff’s motor home. Plaintiff subsequently took a voluntary non-suit and later failed to refile her action within the one-year savings statute under Tenn. Code Ann. § 28-1-105. As a result, the general sessions court and circuit court held that Plaintiff’s suit was barred by the statute of limitations. Plaintiff appeals arguing that the lower courts erred in  not finding that Defendant was equitably estopped from raising the statute of limitation defense and also asserts that Defendant revived Plaintiff’s suit by promising to repair or pay for repairs to Plaintiffs vehicle. We affirm.