Henrion v. Shook

LETTS, Judge.

In this case, the trial court dismissed an amended complaint holding that the cause of action was barred by the statute of limitations. We reverse.

The appellee’s position is that the third amended complaint was more than a mere substitution of parties and that new issues of both liability and damages were raised. We disagree.

The general rule is that whether an amendment, which makes changes in parties to the suit, relates back to the bringing of the suit for determining the application of the statute of limitations depends on the nature of the matter asserted by the amendment. An…