Link v. Ise

DIXON, Judge.

The trial court dismissed plaintiff Link’s malpractice action against defendant Dr. Ise with prejudice upon a finding that the plaintiff’s first amended petition was barred by the statute of limitations. Plaintiff appeals from the dismissal of defendant Ise from the suit.

The first issue presented on appeal is whether the allegations made in plaintiff’s first amended petition relate back to the date the original petition was filed. If there is no relation back, a second issue is posed, whether defendant Ise’s absence from the state tolled the statute of limitations.

Plaintiff Link…