Johnson v. Soo Line Railroad

SIMONETT, Justice.

This case involves plaintiffs attempt to change the party defendant after the statute of limitations has run. The court of appeals held the change was not allowable under the relation-back provision of Minn. R.Civ.P. 15.03. We agree and affirm.

The period of limitation for plaintiff-appellant Mark W. Johnson’s action under the Federal Employers’ Liability Act (a 3-year period) expired July 19, 1989. On July 14 plaintiff timely commenced his suit, naming Chicago and Northwestern Transportation Company as defendant. Suit was commenced by delivering the summons and complaint to…