475 So. 2d 869 | Ala. Civ. App. | 1985
This is a workmen's compensation case.
On January 17, 1983, in an attempt to avoid a collision with another car, James L. Weaver (Weaver) overturned the tractor-trailer rig he was driving. At the time of the accident, the truck was owned by O.H. Jackson and leased to Redwing Carriers.
Weaver filed suit on September 22, 1983, against O.H. Jackson and other fictitious defendants for workmen's compensation benefits. On July 3, 1984, after deposing Jackson, Weaver filed an amended complaint to substitute Redwing Carriers for one of the fictitious defendants. Redwing filed a motion to dismiss and a motion for summary judgment, pleading that the amendment was barred by the one-year statute of limitations. §
Our review begins with a recitation of the law concerning summary judgment. The appellate court standard for reviewing the trial court's action when ruling on a motion for summary judgment is the same standard as used by the trial court.Folmar v. Montgomery Fair Co., *871
In this case, the facts are undisputed; hence, our review involves the application of the law to the facts. Our supreme court has held that the granting of amendments to pleadings other than those of right under Rule 15 (a), A.R.Civ.P. are within the discretion of the court. However, if the statute of limitations has run, the amendment may relate back only if the requirements of Rule 15 (c), A.R.Civ.P. are met. Ex parteTidmore,
"An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied [same transaction or occurrence] and, within the period provided by law for commencing the action against him, the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him."
If the party adding the correct party unduly delays filing an amendment after receiving knowledge that he has sued the wrong party, the trial court will not be reversed in disallowing the amendment, particularly where the party sought to be added would be prejudiced thereby. Ex parte Tidmore, supra.
In this case, there was evidence tending to show Weaver had received knowledge that Redwing was likely the proper defendant under Craig v. Decatur Petroleum Haulers,
The delay here corresponds so closely to the delay in Exparte Tidmore, supra, that we cannot say that the trial court abused its discretion, even though no prejudice to Redwing is indicated. However, we do not say that a contrary holding by the trial court would have been considered an abuse of discretion on appeal.
Weaver also claims that Rule 17 (a), A.R.Civ.P., can be used in conjunction with Rule 15 (c) or by itself to justify this type of amendment. However, the doctrine of relation back of amendments under Rule 17 (a) is the same as that of 15 (c), committee comments. Rule 17, A.R.Civ.P.
On the authority of Ex parte Tidmore, supra, we affirm.
AFFIRMED.
BRADLEY and HOLMES, JJ., concur. *872