Marr v. Geiger Ready-Mix Co.

The opinion of the court was delivered by

Schroeder, J.:

This is an interlocutory appeal from a judgment of the trial court permitting the plaintiff to substitute a party defendant by amendment after the statute of limitations had run.

The issue on appeal requires a construction of K. S. A. 60-215 (c) as amended by the Supreme Court (order dated July 17, 1969).

The facts are not in dispute. On May 25, 1967, Eva Marie Marr (plaintiff-appellee) was operating her Chevrolet automobile when it was involved in an intersection collision with a truck owned and operated by Geiger Ready-Mix Company, when…