Johnson v. Bar-Mour, Inc.

To avoid the impact of the statute of limitations, the plaintiffs have urged that their amended complaint should relate back to the date of their original complaint.

The original complaint was served on a date beyond the two-year limitations period prescribed for an assault action in sec. 330.21 (2), Stats. When confronted with a demurrer to the original complaint, the plaintiffs amended their claim so as to allege that Dolores Johnson’s injuries were caused by Mr. O’Donell’s “carelessly, recklessly and negligently” pushing her. If it can relate back to the date on which the original complaint…