Teague v. Asheboro Motor Company

CAMPBELL, Judge.

The facts set forth above show that plaintiff in this case filed a complaint against a party not involved in the alleged tortious incident and not even in existence at the time of the incident. In essence, plaintiff sued the wrong “defendant.” Five days after the complaint was filed, the plaintiff’s action was barred by the statute of limitations. Sometime thereafter plaintiff discovered her error and attempted to correct it by filing an “Amended Complaint” and having it served on appellee. Appellee raised the defense of the statute of limitations in a motion to dismiss.

There…