Colley v. Dyer

URBIGKIT, Chief Justice,

specially concurring.

I concur with the majority that the district court dismissal should be reversed. I do not agree, however, that notice to the motor vehicle owner’s liability insurance carrier, as the real party in interest, is insignificant or ineffective under these circumstances, and would also perceive that the diligence requirement for service was realistically satisfied. This is the third appearance in this court of this case, very different in subject, following the fatal injury of Jody Glenn Dodgion who was killed after personnel of the City of Green River…