Walker v. Kazi
Arkansas Supreme Court
316 Ark. 616 (1994)
- Written by Mary Phelan D'Isa, JD
Facts
Jenoddin Kazi’s (plaintiff) pickup truck was struck from behind while he was stuck in traffic on a state highway in Arkansas. The police report showed that Gary Walker was the driver of the car that struck Kazi. Kazi then served a summons on Gary Walker at the address listed in the police report. Gary L. Walker answered the complaint and denied that he was driving the vehicle that struck Kazi and averred that his son, Gary D. Walker, was the driver of that vehicle. Gary L. Walker then moved for summary judgment. Kazi responded with a motion to amend his complaint to name Gary D. Walker as the defendant. He also asked the court to relate the filing date of the amendment back to the filing date of his original complaint. The trial court granted Gary L. Walker’s motion for summary judgment, and it granted Kazi’s motion to name Gary D. Walker as the defendant and relate the amendment back to the filing date of the original complaint. An appeal was filed in the name of Gary Walker.
Rule of Law
Issue
Holding and Reasoning (Dudley, J.)
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