Tyman v. Hintz Concrete, Inc.

OPINION

HURWITZ, Justice.

¶ 1 This ease requires us to interpret Arizona Rule of Civil Procedure 15(c), which provides that in certain circumstances an amended complaint “relates back to the date of the original pleading” for statute of limitations purposes.

I

¶ 2 On June 4, 2002, Suzanne Tyman tripped and fell at a sidewalk construction site. She sustained personal injuries and retained counsel to pursue redress.

¶ 3 Tyman initially filed a notice of claim against the City of Surprise pursuant to A.R.S. § 12-821.01(A) (2001). Tyman learned, however, that the City was not responsible for the…