Quiles v. Heflin Steel Supply Co.

699 P.2d 1304, 145 Ariz. 73, 1985 Ariz. App. LEXIS 462
CourtCourt of Appeals of Arizona
DecidedFebruary 19, 1985
Docket1 CA-CIV 6801
StatusPublished
Cited by9 cases

This text of 699 P.2d 1304 (Quiles v. Heflin Steel Supply Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quiles v. Heflin Steel Supply Co., 699 P.2d 1304, 145 Ariz. 73, 1985 Ariz. App. LEXIS 462 (Ark. Ct. App. 1985).

Opinions

GRANT, Judge.

This is an appeal by an injured worker, Victor Quiles, from the trial court’s dismissal of his negligence claim against appellee Heflin Steel Supply Co. To resolve the appeal, we must decide: (1) whether the trial court correctly applied Arizona’s statute of limitations, and if so, (2) whether Quiles' intervenor’s complaint related back to the negligence claim filed against Heflin Steel by Commercial Insurance Company, the workers’ compensation carrier for Quiles’ California employer, J.J. Willis Trucking Company. For the reasons set forth below, we hold the trial court erred in dismissing Quiles’ complaint.

The essential facts are undisputed. Quiles, a California resident, was employed as a truck driver by J.J. Willis Trucking Company, a California concern. In the course of his employment, Quiles delivered [75]*75a load of steel wire that had originated in California to appellee Heflin Steel in Phoenix on December 7, 1978. While a Heflin Steel employee was unloading the wire from Quiles’ truck, a roll of wire fell on Quiles and injured him seriously.

Quiles was hospitalized and treated for his injuries in Phoenix. After his release he returned to California and made a claim for workers’ compensation benefits under the California Labor Code. Those benefits were paid by Commercial Insurance Company of Newark, New Jersey (Commercial), the workers’ compensation carrier for J.J. Willis Trucking Company. Commercial paid in excess of $50,000 in benefits.

On November 30, 1979, less than one year after the accident, Commercial filed a complaint in Maricopa County Superior Court against Heflin Steel. The complaint alleged that Heflin Steel had negligently injured Quiles, thereby requiring Commercial to pay him workers’ compensation benefits pursuant to California law. The complaint sought recovery of “damages sustained as a result of making medical and disability payments.” Quiles was not a party plaintiff, and the complaint sought no relief on his behalf. Heflin Steel answered on August 5, 1980, alleging that Commercial was not the proper party plaintiff under A.R.S. § 23-1023, and that its claim “is or may be barred by the statute of limitations of the State of California and/or the State of Arizona and/or the provisions of A.R.S. § 23-1023.”

On July 24, 1981 Commercial filed a “proof of service” pursuant to California Labor Code § 3853,1 stating that a notice of Commercial’s action against Heflin Steel had been mailed to Quiles on June 29, 1981 and received by him on July 10, 1981. On September 23, 1981, almost three years after the accident, Quiles filed a motion to intervene as a plaintiff in Commercial’s action against Heflin Steel. Heflin Steel’s response to this motion indicated it believed the motion was procedurally proper under applicable California statutes and therefore did not object.

By minute entry dated October 16, 1981, the trial court granted Quiles leave to intervene. On November 2, 1981 Quiles filed a complaint in intervention against Heflin Steel seeking special and general damages for negligence. Heflin Steel moved to dismiss the complaint on the ground that it was barred by A.R.S. § 23-1023 and A.R.S. § 12-542. The trial court granted the motion and entered a formal order to that effect on September 2, 1982.2 Quiles thereafter brought this appeal.

We first note that Heflin did not challenge Quiles’ right to intervene in the trial court and therefore may not do so on appeal. The only question we must answer as to Quiles is whether his complaint was barred by A.R.S. § 12-542 as the trial court held. There is no question that Quiles timely intervened under the California workers compensation scheme which provides for intervention “at any time before trial on the facts.” California Labor Code § 3853. Indeed a number of California cases hold that either an employer/carrier or employee may intervene in a third-party claim brought by the other even after the applicable statute of limitations has run. See, e.g. Jordan v. Superior Court, 116 Cal.App.3d 202, 172 Cal.Rptr. 30 (1981); Harrison v. Englebrick, 254 Cal.[76]*76App.2d 871, 62 Cal.Rptr. 831 (1967); State Compensation Insurance Fund v. Allen, 104 Cal.App. 400, 285 P. 1053 (1930). A.R.S. § 12-542 provides that an action for personal injuries must be commenced and prosecuted within two years after the cause of action accrues. Because Quiles’ complaint was filed more than two years after the date of his injury the trial court applied the Arizona statute of limitations and barred the complaint pursuant to A.RB. § 12-542.

Nevertheless, Quiles argues that the timely filing of Commercial’s complaint inured to his benefit, thus permitting the claim despite the bar of the statute of limitations. He reasons that his own complaint related back to the filing of Commercial’s complaint, and hence, was not time barred.

We hold that under Arizona law Quiles’ complaint in intervention related back to Commercial’s complaint.

In a recent Arizona decision dealing with the issue of “relation back,” Marshall v. Superior Court, 131 Ariz. 379, 641 P.2d 867 (1982), the supreme court held that a complaint amended years after the expiration of the applicable statute of limitations nevertheless related back to the time of the original filing and was therefore timely. The court relied primarily upon the first sentence of rule 15(c), Arizona Rules of Civil Procedure, which provides that, “[wjhenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.” The court in Marshall went on to hold: “It is only when the amendment seeks relief with respect to a transaction or event which was not the ‘basis of the original complaint’ that the doctrine of relation back is considered inapplicable.” 131 Ariz. at 383, 641 P.2d at 871 (emphasis supplied). Here the event (Quiles’ injury) was the same and relation back applies. Quiles’ complaint was timely filed.

We must now .determine whether Commercial was a proper plaintiff because if it were not, Quiles’ complaint has nothing to which it can relate back and the dismissal would be appropriate for the reason that Quiles’ complaint would then be barred by the statute of limitations, A.R.S. § 12-542. See Cook v. Superior Court, 135 Ariz. 1, 658 P.2d 801 (1983).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Harper v. islander/copperpoint
Court of Appeals of Arizona, 2021
Jackson v. Eagle KMC L. L.C.
431 P.3d 1197 (Arizona Supreme Court, 2019)
Jackson v. Eagle KMC LLC
418 P.3d 997 (Court of Appeals of Arizona, 2018)
Nesbitt v. Radisson
Court of Appeals of Arizona, 2014
Shaw v. Layton Const. Co., Inc.
872 P.2d 1059 (Court of Appeals of Utah, 1994)
Brandler v. Manuel Trevizo Hay Co.
740 P.2d 958 (Court of Appeals of Arizona, 1987)
Osborn v. Liberty Mutual Insurance
725 P.2d 725 (Court of Appeals of Arizona, 1986)
Quiles v. Heflin Steel Supply Co.
699 P.2d 1304 (Court of Appeals of Arizona, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
699 P.2d 1304, 145 Ariz. 73, 1985 Ariz. App. LEXIS 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quiles-v-heflin-steel-supply-co-arizctapp-1985.