Judson v. Northside Motor Exchange, Inc.

Summary

Plaintiffs sought to amend their petition after trial to add Roadrunner Motor Rebuilding Company as the alleged employer of the truck driver involved in the collision. The court held that the amendment came too late because the case had been fully tried and was left open only for a limited purpose, and affirmed dismissal of Roadrunner.

Holdings

1. The motion to strike was properly granted because the attempt to add Roadrunner as a new party after the case had been fully tried and left open only for a limited purpose came too late and was not material to the issues already tried.

Questions Presented

1. Whether the trial court properly granted a motion to strike an amended petition that attempted to add a new defendant after the merits had been fully tried and the trial had been left open only for a limited purpose.

Disposition

affirmed