Henry v. Deen

I dissent from the majority’s holding in part I of its opinion. I find that plaintiff has complied with Rule 15(c) with respect to the amended complaint against defendant Niazi. Paragraph 6 of the original complaint places Niazi on notice of the transactions to be proved pursuant to the amended pleading. It alleges plaintiff is entitled to damages for the wrongful death of Henry caused by the negligence of defendants Deen, Hall, and Niazi acting jointly and severally. The original pleading gives defendant Niazi notice of the events involved. Burcl v. Hospital, 306 N.C. 214, 293 S.E. 2d 85…