§ 1-3-118 — Right to commence new action

If in an action commenced in due time a judgment for the
plaintiff is reversed, or if the plaintiff fails otherwise than
upon the merits and the time limited for the commencement of the
action has expired at the date of the reversal or failure, the
plaintiff, or his representatives if he dies and if the cause of
action survives, may commence a new action within one (1) year
after the date of the failure or reversal. This provision also
applies to any claim asserted in any pleading by a defendant.