Phelps v. Wehr Constructors, Inc.

OPINION

MINTON, Judge.

If a plaintiff satisfies certain conditions, Kentucky’s relation back rule preserves an amended complaint from a defendant’s statute of limitations defense by treating the amendment as if it had been filed at the time of the original pleading. One of the prerequisites is that a defendant added after the statute of limitations has run must have known or had reason to know that, but for a mistake concerning the identity of the proper parties, the action would have been brought originally against him. Glendon and Joyce Phelps invoked the mistake provision when they amended…