Legal Opinion
Levinson v. Jarrett
Court of Appeals of Arizona
Decided April 22, 2004No. 1 CA-SA 03-0289PublishedCited by 15 opinions
1Opinion of the Court
OPINION
BARKER, Judge.
¶ 1 This special action addresses the issue of whether an amended complaint that adds a defendant to an action can relate back to the date of the original complaint under Rule 15(c) of the Arizona Rules of Civil Procedure (“Rule 15(c)”) without any showing of mistake concerning the identity of the party to be added. We hold that it cannot. The element of mistake is required.
Facts and Procedural History
¶2 On April 13, 2001, Juan Bazoco was admitted to Scottsdale Health Care Osborn Hospital for treatment of injuries sustained in an accident. He fell into a coma and died on…
2Cases cited6 opinions
- Ritchie v. Grand Canyon Scenic RidesArizona Supreme Court · 1990
- Engle Bros. v. SUPERIOR CT., IN & FOR CTY. OF PIMACourt of Appeals of Arizona · 1975
- Safeway Stores, Inc. v. Maricopa County Superior CourtCourt of Appeals of Arizona · 1973
- O'KEEFE v. GrenkeCourt of Appeals of Arizona · 1992
- Services Holding Co. v. Transamerica Occidental Life InsuranceCourt of Appeals of Arizona · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Monica C. v. Arizona Department of Economic SecurityCourt of Appeals of Arizona · 2005
- Perry v. Honorable Emmet RonanCourt of Appeals of Arizona · 2010
- Tyman v. Hintz Concrete, Inc.Arizona Supreme Court · 2006
- McReynolds v. American Commerce InsuranceCourt of Appeals of Arizona · 2010
- Rider v. GarciaCourt of Appeals of Arizona · 2013
10 more not listed; retrieve them via the Exa API.