Piersol v. ITT Phillips Drill Div., Inc.

This is a warranty action initiated on September 4, 1980, by appellant, Paul Piersol, in the Circuit Court of Jackson County for personal injuries sustained by him on January 13, 1977, while operating a rotary hammer manufactured by appellee, ITT Phillips Drill Division, Inc. (hereinafter ITT). The circuit court concluded that the action was barred by the four-year statute of limitations in § 7-2-725, Code 1975, and granted ITT's motion for summary judgment.

The two issues raised on this appeal are as follows:

1. Whether the trial court properly allowed ITT to amend its original answer by…