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KINARD v. C.A. KELLY AND CO., INC.

83-712.

468 So.2d 133 (1985)

Emogene KINARD v. C.A. KELLY AND COMPANY, INC., et al.

Supreme Court of Alabama.

March 29, 1985.

Attorney(s) appearing for the Case

Donald M. Briskman and Mark R. Ulmer, Mobile, for appellants.

Douglas L. McCoy of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellees.

FAULKNER, Justice.

This case reaches us on an appeal from a summary judgment. The dispositive issue involves Alabama's fictitious party rule, A.R.Civ.P. 9(h).

On August 12, 1979, Emogene Kinard, a tenant of the Magnolia Inn Apartments in Mobile, fell in the apartment's parking lot while carrying a small trash can toward the apartment's garbage collection point. The parking area had recently been resurfaced and Kinard claims that her fall was the proximate...

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