Wright v. PK Transport, 2014 UT App 93 (April 24, 2014)
Apr 24, 2014
The plaintiff amended his complaint to name additional defendants in this negligence action a year and half after the statute of limitations expired. He argued that his new claims related back to the date of the original complaint under Utah R. Civ. P. 15(c) because one of the original defendants was an agent of the new defendants, and therefore his knowledge of the claim should be imputed to establish the actual notice and identity of interest. The Court affirmed summary judgment for the defendants dismissing the claims, noting that although the original defendant was the agent of the new defendants at the time of the underlying accident, there was no evidence that he was an agent at the time the complaint was filed.