Brooks v. Isinghood

STARCHER, Chief Justice:

In this appeal from the Circuit Court of Hancock County, we are asked to review a circuit court’s dismissal of an amended complaint, on the ground that the amended complaint was filed after the expiration of the statute of limitation. After consideration of the arguments of the parties, we conclude that under Rule 15 of the West Virginia Rules of Civil Procedure, the amended complaint “relates back” to the date the original complaint was filed — a date within the limitation period — and thereby avoids the effects of the statute of limitation.

As set forth below, we…