McLain v. Maletis Beverage

The issue in this appeal is whether an amended complaint naming the correct defendant in an action relates back to the date of the original complaint if the newly named defendant had notice of the action, but was not served with the complaint, before the statute of limitations expired. The trial court concluded that ORCP 23 C does not permit relation back in that circumstance and granted summary judgment in favor of defendant. We reverse and remand.

Plaintiffs claim arises out of a June 5, 2000, automobile accident between plaintiffs vehicle and a truck owned by Maletis Beverage. At the time…