Fassero v. Turigliatto

Plaintiff, Connie K. Fassero, was involved in an automobile accident and filed a personal injury suit against the person whom she thought was the driver of the vehicle but who instead was the owner of the vehicle. Defendant moved to dismiss plaintiff’s complaint, contending he was not a proper party. Plaintiff later learned defendant was not the driver and requested leave to amend after the expiration of the statute of limitations. The trial court denied her motion to amend and granted defendant’s motion to dismiss. We reverse and remand.

I. BACKGROUND

On April 7, 2001, plaintiffs vehicle was…