Duke v. Replogle Enterprises

OPINION

O’BRIEN, Justice.

In this workers’ compensation action, the plaintiff appeals the trial court’s judgment dismissing his claim for benefits on the basis that the employer, doing business under the trade names of Replogle Enterprises, a/k/a Replogle Sawmill and styled as such in the plaintiffs original and timely complaint, does not have a legal existence and, therefore, is not capable of being sued.

The essential issue for review concerns whether the employee should be permitted to amend his complaint, after the statute of limitations has expired, to include the name of the sole…