CHACON v. SPERRY CORP.

Nos. 15898, 15899.

723 P.2d 814 (1986)

111 Idaho 270

Hipolito J. CHACON and Martha Chacon, husband and wife, Plaintiff-respondents, v. SPERRY CORPORATION, a corporation, dba Sperry New Holland Division, Defendant-appellant, and Thomas O. Bingham and Marjorie Bingham, husband and wife; Koch Lumber & Implement Co., Inc., an Idaho corporation, Defendants. Hipolito J. CHACON and Martha Chacon, husband and wife, Plaintiff-respondents, v. KOCH LUMBER & IMPLEMENT, INC., an Idaho corporation, Defendant-appellant, and Thomas O. Bingham and Marjorie Bingham, husband and wife; Sperry Corporation, a corporation dba Sperry New Holland Division, Defendants.

Supreme Court of Idaho.

Rehearing Denied August 28, 1986.


Attorney(s) appearing for the Case

Bobbi K. Dominick of Elam, Burke & Boyd, Boise, for appellant Koch Lumber & Implement.

Mary S. Hobson of Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, for appellant Sperry Corp.

Curtis Webb of Webb, Burton, Carlson, Pedersen & Paine, Twin Falls, for respondents.


BAKES, Justice.

Defendants Koch Lumber & Implement Co., Inc., and Sperry Corporation bring this certified appeal from the district court's denial of their motion to dismiss plaintiffs' amended complaint. Plaintiffs' amended complaint, filed after the running of the applicable statute of limitations, substituted defendants' names in place of two fictitious names contained in the original complaint.

I

Hipolito Chacon's right foot was injured August...

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