Hayes-Albion Corp. v. Whiting Corp.

G. S. Allen, J.,

Plaintiffs appeal as of right from a circuit court judgment of no cause of action entered following a bench trial. The trial court found that the amendment to the complaint adding plaintiff American Protection Insurance Company did not relate back to the date when plaintiff Hayes-Albion Corporation filed the original complaint in this matter, and thus American’s claim was barred by the statute of limitations. The court also determined that Hayes-Albion’s full claim had been settled by the acceptance of a mediation award. We reverse.

On August 26, 1981, a furnace manufactured by…