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VOLKL v. BYFORD

No. 110,772. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

307 P.3d 409 (2013)

2013 OK CIV APP 73

Tyler VOLKL, Plaintiff/Appellant, v. Michael Thomas BYFORD, Defendant/Appellee, and Lesli Byford, Defendant.

Court of Civil Appeals of Oklahoma, Division No. 4.

June 19, 2013.

Attorney(s) appearing for the Case

Donald E. Smolen, II , Smolen, Smolen & Roytman, PLLC, Tulsa, Oklahoma, for Plaintiff/Appellant.

A. Mark Smiling , Smiling & Miller, P.A., Tulsa, Oklahoma, for Defendant/Appellee.

P. THOMAS THORNBRUGH, Presiding Judge.

¶ 1 Plaintiff Tyler Volkl appeals the district court's order dismissing his auto negligence suit against Michael Thomas Byford because the statute of limitation period had expired. On review, we find the relation back doctrine is applicable in this case, and reverse the district court's decision.

BACKGROUND

¶ 2 On July 6, 2009, a vehicle driven by Volkl...

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