Section 78B-2-111 - Failure of action - Right to commence new action(1) If any action is timely filed and the judgment for the plaintiff is reversed, or if the plaintiff fails in the action or upon a cause of action otherwise than upon the merits, and the time limited either by law or contract for commencing the action has expired, the plaintiff, or if he dies and the cause of action survives, his representatives, may commence a new action within one year after the reversal or failure.(2) On and after December 31, 2007, a new action may be commenced under this section only once.Renumbered and Amended by Chapter 3, 2008 General Session .