Gallagher v. Best Western Cottontree Inn

HORTON, Justice.

This is an appeal from the district court’s order granting summary judgment and dismissing Geralyn Gallagher’s (Gallagher) lawsuit against the Best Western Cottontree Inn (the Hotel) and Snake River Peterson Properties LLC (Snake River). The district court held that the amended complaint did not relate back to the date of the original filing and that the statute of limitations was not tolled by Snake River’s failure to file a certificate of assumed business name. We vacate and remand.

I.FACTUAL AND PROCEDURAL BACKGROUND

Gallagher was injured when she fell on a wet floor at the…