(DOWNLOAD) "Thomas R. Mullen v. Alarmguard Delmarva" by Supreme Court of Delaware " eBook PDF Kindle ePub Free
eBook details
- Title: Thomas R. Mullen v. Alarmguard Delmarva
- Author : Supreme Court of Delaware
- Release Date : January 02, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
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 additional parties as well as named, original parties.
We also conclude that the party sought to be added in this case knew or should have known that a mistake was made concerning
her identity and but for that mistake she would have been joined as a defendant within the period of limitations. Accordingly,
we find the proposed amendment properly to relate back under Rule 15(c) and reverse the judgment of the Superior Court.