§ 52.591

When a judgment in favor of a plaintiff suing in a representative character, or for the benefit of third persons, has been reversed, on the ground of a mistake in the complaint or in the proper parties thereto, and, while the action was pending, the time for bringing a new action has expired, the parties for whose special benefit the action was brought may commence a new action in their individual names at any time within one year after the reversal of the judgment, if the original action could have been so brought.(1949 Rev., S. 8331; P.A. 82-160, S. 250.)History: P.A. 82-160 made minor changes in wording.Cited. 214 C. 464; 225 C. 13; 234 C. 169.Section is a savings statute that is intended to promote the strong policy favoring the adjudication of cases on their merits; the use of the disjunctive 'or' reflects that the legislature intended the section to be applicable when the plaintiff in the prior action sued either in a representative capacity or for the benefit of another person or entity. 221 CA 256.