K. W. Dart Truck Co. v. Noble

STRUCKMEYER, Vice Chief Justice.

This is an appeal of a special action filed in the Court of Appeals, Division Two, to determine whether the Superior Court of Pima County exceeded its jurisdiction in denying a motion to dismiss. We accepted jurisdiction on review. Opinion of the Court of Appeals, 116 Ariz. 12, 567 P.2d 328 (1976), is vacated. The orders' of the Superior Court granting respondent Robert D. Noble’s motion to amend his complaint, and the order denying petitioners’ motion to dismiss are set aside.

On August 20, 1973, respondent, Robert D. Noble, an employee of the American Smelting…