Mullen v. Alarmguard of Delmarva, Inc.

WALSH, Justice:

In this interlocutory appeal from the Superior Court, we examine the basis for permitting a plaintiff to amend his complaint to add an additional defendant after the period of limitations has expired. The Superior Court ruled that such an amendment relates back under Superior Court Civil Rule 15(c) only where there is a mistake concerning the identity of an original defendant and that the subjective knowledge of the party sought to be added concerning the mistake is irrelevant. We hold that misconception of identity of parties within the meaning of Rule 15(c) extends to…