Consolidated Underwriters v. Adams

I cannot assent to the majority opinion in this case. In the final analysis, the majority holding is grounded solely upon the assumption that the filing of plaintiff’s original petition wherein the defendant was incorrectly named was not the beginning of a suit against Consolidated Underwriters, the insurance carrier, to set aside the award of the Industrial Accident Board, and, hence, the amended petition in which the insurance carrier was correctly named was the beginning of a suit “against an entirely different party defendant.” To my way of thinking, such holding is clearly wrong. It…