Legal Opinion
RTC Transport, Inc. v. Walton
Court of Appeals of Washington
Decided January 6, 1994No. 12537-8-IIIPublishedCited by 1 opinion
1Opinion of the Court
Staples, J. *
Yakima County Superior Court granted RTC Transport, Inc.'s motion to amend its negligence complaint for property damages to add a claim for cargo damages. The court then ruled the amendment would not relate back and summarily dismissed the new claim because the statute of limitation had run. RTC contends the court erred by dismissing the claim because (1) it was encompassed in the complaint and/or (2) the claim arose from the same vehicle accident, so it should have related back to the filing of the complaint. We reverse and remand.
Facts and Procedural History
On January 29, 1988,…
2Cases cited19 opinions
- Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
- Woods Exploration & Producing Company, Inc. v. Aluminum Company of AmericaCourt of Appeals for the Fifth Circuit · 1971
- Rohm and Haas Company v. Crystal Chemical Company and Joe C. EllerCourt of Appeals for the Federal Circuit · 1983
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- Alexander A. Simon, Jr., Cross-Appellee v. Shearson Lehman Brothers, Inc., Michael W. Swofford, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1990
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3Cited by1 opinion
- North Coast Enterprises, Inc. v. Factoria PartnershipCourt of Appeals of Washington · 1999