Martin W. Bracey, Jr. v. Otis N. McDonald, et al.

Case Number
M2014-01843-COA-R3-CV

Plaintiff who was injured in a motor vehicle accident timely filed suit against the driver and the owner of the truck with which he collided. More than a year after the accident and seven months after suit was filed, Plaintiff amended the complaint to assert causes of action against additional parties. Upon motion, the court dismissed the claims against the additional defendants on the basis of the statute of limitations. Holding that the amended complaints do not contain factual allegations sufficient to relate the claims against the additional defendants back to the filing of the original complaint or to otherwise prevent the running of the statute of limitations, we affirm the judgment dismissing the additional defendants and remand to the trial court for further proceedings in accordance with the opinion herein.  

Authoring Judge
Judge Richard H. Dinkins
Originating Judge
Judge Clara W. Byrd
Case Name
Martin W. Bracey, Jr. v. Otis N. McDonald, et al.
Date Filed
Dissent or Concur
No
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