Diamond T. Motor Trucks v. Heck

I am in full accord with the views expressed by the majority that it was proper to permit plaintiff to implead the corporation, Mike Heck Delivery Service, by supplemental petition because issue in the case had not been joined at the time the amended petition was filed. However, since I do not agree with the decision of this court in Elfer v. Mintz et al., La.App.,7 So.2d 416, cited in the majority opinion (in which I did not participate) I feel that it is pertinent to set forth the reasons which make me doubt the correctness of the result reached in that matter.

In the Elfer case, plaintiff…