Roberts v. Wagner Chevrolet-Olds, Inc.

This certified question proceeding raises the issue of whether, for the purpose of a statute of limitation period, an amendment to the plaintiffs’ complaint should be treated as relating back to the time of the filing of the original complaint.

On March 18, 1977, the Roberts filed the complaint instituting this action. The complaint alleged that on September 14, 1976, plaintiff Edith Roberts took the Roberts’ vehicle to Wagner Chevrolet-Olds, Inc. for body repairs. Wagner verbally estimated that the repairs would cost $600.00 to $700.00. On October 23, 1976, Mrs. Roberts returned to Wagner’s…