Parker v. Breckin
Supreme Court of Delaware
1Opinion of the Court
VEASEY, Chief Justice:
The issue on this appeal is whether an amended complaint relates back under Super.Ct.R. 15(c) to the date of the original filing in which a person who was at the time deceased was named as the defendant, the executor of the estate of the deceased person was not named as the defendant until an amended complaint was filed after the statute of limitations had run, and where the executor was not given notice, within the two-year period provided in the statute of limitations, of the filing of the suit, but where the decedent’s insurance carrier did have notice of a potential…
2Cases cited8 opinions
- Fiduciary Trust Co. v. Fiduciary Trust Co.Supreme Court of Delaware · 1982
- Harold l.loudenslager v. Margaret Bittinger TeepleCourt of Appeals for the Third Circuit · 1972
- Mergenthaler, Inc. v. JeffersonSupreme Court of Delaware · 1975
- Annone v. Kawasaki Motor Corp.Supreme Court of Delaware · 1974
- Davis v. CadwellDistrict Court, D. Delaware · 1982
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3Cited by9 opinions
- Pierce v. JohnsonCourt of Appeals of North Carolina · 2002
- Pargman v. VickersCourt of Appeals of Arizona · 2004
- Taylor v. ChampionSupreme Court of Delaware · 1997
- Currier v. SutherlandColorado Court of Appeals · 2008
- Cutting v. Live Nation Worldwide, Inc.Superior Court of Delaware · 2023
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