Spears v. Ferro Corp.

Defendant corporation Thyssen Henschell, A.G., moved to dismiss a suit brought against it by plaintiff Orzell Spears since it had not been made a party defendant within the two year statute of limitations period provided by law. From this order plaintiff appeals.

The sole issue on appeal is whether a plaintiff may amend a complaint after the expiration of the statute of limitations to add a corporation as an additional defendant when another corporation with a confusingly similar name was named as a defendant in the original complaint, which had been filed within the limitations period.

We…