Chacon v. Sperry Corp.

BAKES, Justice.

Defendants Koch Lumber & Implement Co., Inc., and Sperry Corporation bring this certified appeal from the district court’s denial of their motion to dismiss plaintiffs’ amended complaint. Plaintiffs’ amended complaint, filed after the running of the applicable statute of limitations, substituted defendants’ names in place of two fictitious names contained in the original complaint.

I

Hipólito Chacon’s right foot was injured August 1, 1981, while Chacon was operating a forklift. Chacon filed this action on July 28, 1983, near the end of the two-year limitation period of I.C. §…