Magic Circle Corp. v. Schoolcraft, 4 N.E.3d 768

May 5, 2010 mower accident involving Magic Circle; Rickie Schoolcraft died three days later.
Jan 16, 2012 Kris Schoolcraft, as personal representative, filed wrongful death action against Magic Circle.
May 4, 2012, motion to amend to add manufacturers of mower parts; amended complaint submitted.
Motion file-stamped May 4 and entered May 7; trial court granted amendment May 15.
New defendants challenged amendments as time-barred; trial court held limitations tolled when motion and proposed amendment were filed.
Court adopts majority rule that an action against a new defendant commenced when motion to amend is filed with proposed complaint; AJ’s Automotive rule rejected.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When is an action commenced against new defendants added by amendment?	Schoolcraft argues commencement occurs when motion filed with proposed complaint.	New defendants rely on AJ’s Automotive rule.	Commencement occurs when motion to amend is filed with proposed complaint.
Should AJ’s Automotive be followed or the majority rule?	AJ’s should control tolling.	AJ’s is not followed; majority rule applies.	Court rejects AJ’s and follows the majority rule.

A.J.'s Automotive Sales, Inc. v. Freet, 725 N.E.2d 955 (Ind.Ct.App.2000) (precedent on amendment timing and relation back (rejected))
The Children’s Store v. Cody Enters., Inc., 580 A.2d 1206 (Vt. 1990) (action against new party commenced when motion to amend filed)
Mayes v. AT & T Information Systems, 867 F.2d 1172 (8th Cir.1989) (relation back and commencement principles)
Wallace v. Sherwin Williams Co., 720 F.Supp. 158 (D.Kan.1988) (amendment timing and commencement)
Gloster v. Pennsylvania R.R., 214 F.Supp. 207 (W.D.Pa.1963) (policy rationale for commencement timing)
Moore v. Flower, 108 Mich.App. 214, 310 N.W.2d 336 (Mich.App.1981) (illustrative related-back reasoning)
Charlton v. M.P. Industries, Inc., 314 S.E.2d 416 (W.Va.1984) (related to amendment and notice considerations)