Legal Opinion

Flynn v. Campbell

Court of Appeals of Arizona

Decided July 19, 2016No. 1 CA-CV 15-0278PublishedCited by 1 opinion

1Opinion of the Court

OPINION

NORRIS, Judge:

¶ 1 This appeal arises out of an order entered by the superior court finding plaintiff/appellant Diane Flynn’s negligence claim time barred because her amended complaint did not “relate back” to her original complaint under Arizona Rule of Civil Procedure 15(c). Because Flynn sued the wrong party, defendani/appellee Sarah Campbell’s insurance carrier, based on a mistake cognizable under that rule, we reverse and remand for further proceedings.

FACTS AND PROCEDURAL BACKGROUND

¶2 On October 17, 2012, Flynn sustained physical injuries arising out of a car accident with…

2Cases cited7 opinions

  1. KRUPSKI v. COSTA CROCIERE S. P. ASupreme Court of the United States · 2010
  2. Leonard v. ParryCourt of Appeals for the First Circuit · 2000
  3. In Re the Marriage of WilliamsCourt of Appeals of Arizona · 2008
  4. Levinson v. JarrettCourt of Appeals of Arizona · 2004
  5. Pargman v. VickersCourt of Appeals of Arizona · 2004

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3Cited by1 opinion

  1. Diane Flynn Et Vir v. Sarah CampbellArizona Supreme Court · 2017

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