Harralson v. Monger

Kentucky Rules of Civil Procedure (CR) 15.03(2) is our relation-back-due-to-mistake rale. It allows an amended complaint adding a new party to relate back to the date of the original pleading in order to preserve the claim. The rale overrides a statute of limitations defense by the added party if the added party “knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.”

Taking an expansive view of CR 15.03, the majority condones Harralson’s failure to sue Jacobs within the two-year statute of limitations by…