Rakes v. Fairmont Mobile Homes, Inc.

MILLER, Justice:

The issue presented is whether a plaintiff may amend his complaint under Rule 15(a) of the West Virginia Rules of Civil Procedure to assert a direct claim against a third-party defendant who has been timely brought into the action where the amended complaint is sought to be served beyond the applicable statute of limitations period. Both the original complaint and the amended complaint are based on the same occurrence or transaction. We hold that under these conditions, an amendment may be made.

Noah A. Rakes, Jr., and Juanita Rakes, as plaintiffs, initially filed this civil…