Kirkpatrick v. Hurst

STEAKLEY, Justice.

This suit for personal injuries sustained in an automobile collision was brought in the name of Mrs. D. M. Hurst without the joinder of her husband. The collision occurred on December 16, 1967, and the injuries to Mrs. Hurst were alleged to have been proximately caused by the negligence of Gary Dale Kirkpatrick, petitioner here. The suit was filed on January 2, 1970, and, among other matters, Kirkpatrick pleaded in defense the two-year statute of limitations, Art. 5526, Vernon’s Ann.Civ.Stat. In a trial to a jury, there were findings of primary negligence against Kirkpatrick…