Cobb v. Stephens

I agree with all that is stated in the majority decision but wish to add a few additional observations.

Like the federal rule on which it is modeled, “the aim of the relation back rule . . . contained in [Section 15 (c) of the Georgia Civil Practice Act] is to ameliorate the impact of the statute of limitation. See Wright & Miller, Federal Practice and Procedure: Civil § 1496.” Rich’s, Inc. v. Snyder, 134 Ga. App. 889, 892-893 (216 SE2d 648) (1975). “A narrow technical reading of this Code section would defeat the purposes for which it was designed.” Id.

To read the statute as qualifiedly…