Holyfield v. Moates

The plaintiff, Isaac Luther Holyfield, as administrator of the estate of Roxie Downs, appeals from a summary judgment in favor of the defendant, Dwayne Alan Moates, on Holyfield's wrongful death claim. Because we resolve the "relation back of the amendment" issue in favor of the plaintiff, we reverse and remand.

For purposes of appeal, the facts are undisputed. On November 14, 1985, Mrs. Roxie Downs, a resident of Chilton County, Alabama, was fatally injured when she was struck by a pick-up truck, driven by Moates, as she attempted to cross U.S. Highway 31 in Clanton. Dollie Rankin Crenshaw,…