Reece v. Smith

STROUD, Judge.

The trial court granted defendant’s motion to dismiss because plaintiff’s amended complaint was not filed within the statute of limitations. Plaintiff appeals. The dispositive question before this Court is whether plaintiff’s amended complaint should relate back to the date of her initial complaint. For the following reasons, we affirm.

I. Background

On or about 2 April 2003, plaintiff was driving a 1995 Ford motor vehicle east on RP 1338 in Buncombe County, North Carolina. At the same time, defendant Robert Neil Smith (“Robert”) was driv ing a 1990 Mazda motor vehicle in a…