Alcala v. Williams

LOPEZ, Justice.

Gilbert Alcala, Appellant, challenges the trial court’s decision to grant a plea in abatement and dismiss his personal injury suit filed against James Williams, Appellee. We find that the trial court’s decision to dismiss the lawsuit should be reversed and the case reinstated.

The suit is based on an automobile accident that occurred in December of 1992. A private process server attempted to serve Williams on February 21, 1994. A return was filed with a notation that Williams was served. Appellee filed a plea in abatement alleging that the person served was actually Williams’…