Schwartz v. Douglas

Glenna and Robert Schwartz’s complaint against Orval 1 and Esther Douglas was filed and served on Ms. Douglas after Mr. Douglas had died, shortly before the running of the applicable statute of limitations. Although the Schwartzes later amended their complaint to add Mr. Douglas’s estate as a defendant, the trial court dismissed the action as untimely. The Schwartzes appeal, contending the statute of limitations was tolled by service on the surviving spouse. Alternatively, they assert that the amended complaint should relate back to the date the original complaint was filed. We reverse and…