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GARDNER v. FITHIAN

No. 2 CA-CIV 3752.

128 Ariz. 353 (1981)

625 P.2d 942

Leonard GARDNER and Phyllis Gardner, husband and wife, and individually, Leonard Gardner, Jr., and Leah Gardner, minors, by and through their actual father and guardian, Leonard Gardner; and Fernando Valencia and Sylvia Valencia, husband and wife and individually, Plaintiffs/Appellants, v. Paul FITHIAN, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 4, 1981.

Review Denied March 31, 1981.

Attorney(s) appearing for the Case

Paul G. Rees, Jr., P.C., Tucson, for plaintiffs/appellants.

Everett, Bury & Moeller, P.C. by Leonard Everett, Tucson, for defendant/appellee.

OPINION

HOWARD, Judge.

The issue to be decided in this appeal is whether A.R.S. Sec. 12-501, the tolling statute has any effect on Rule 15(c), Arizona Rules of Civil Procedure, 16 A.R.S.

On September 22, 1974, appellants were injured when their automobile struck a bale of wire which had fallen on the highway from a truck owned by J.J. Willis Trucking Company. Appellants filed a complaint in the superior court...

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