Siemion v. Rumfelt

825 P.2d 896, 1992 Alas. LEXIS 20, 1992 WL 25155
CourtAlaska Supreme Court
DecidedFebruary 14, 1992
DocketS-4399
StatusPublished
Cited by13 cases

This text of 825 P.2d 896 (Siemion v. Rumfelt) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siemion v. Rumfelt, 825 P.2d 896, 1992 Alas. LEXIS 20, 1992 WL 25155 (Ala. 1992).

Opinions

OPINION

RABINOWITZ, Chief Justice.

FACTS

On February 2, 1987, Jeffrey Rumfelt, then a minor, ran into the Siemions’ vehicle while driving a vehicle owned by his father, Timothy Rumfelt. On January 19, 1989, Michael Siemion, Julie Siemion, Chris Siem-ion, and Scott Siemion (Siemions) filed a complaint against Timothy Rumfelt alleging personal injuries arising out of the February 1987 accident.1 The complaint and summons were served on Timothy Rumfelt by registered mail. Attempts at settlement were unsuccessful and an answer to the complaint was filed on October 5, 1990.

Timothy Rumfelt then filed a Motion to Dismiss or for Summary Judgment, raising the failure to name Jeffrey Rumfelt as a defendant. Timothy Rumfelt argued that the only apparent theory of liability arose out of his status as either the owner of the vehicle or the father of the allegedly negligent driver. He further argued that one’s status as either vehicle owner or parent does not give rise to vicarious liability unless there was some direct negligence in either entrusting one’s vehicle to someone known to be incompetent, or in supervising one’s child.

The Siemions opposed the Motion to Dismiss or for Summary Judgment, arguing that Timothy Rumfelt might bear liability under AS 28.15.071(b) if he had signed Jeffrey’s driver’s licence application. Alternatively, the Siemions pointed to AS 28.20.-050(a) (a section of the Motor Vehicle Safety Responsibility Act) which applied to both the driver and owner of a vehicle to suggest an alternative theory of liability against Timothy Rumfelt. Additionally, the Siemions moved to amend their complaint to add Jeffrey Rumfelt and Vicky Rumfelt as named defendants. The Siem-ions also requested that the proposed amendment relate back to the date the original complaint was filed and served upon Timothy Rumfelt, which was within the two-year statute of limitations prescribed by AS 09.10.070.

The Siemions’ Motion to Amend Complaint was denied by the superior court on the basis that the Siemions failed

[898]*898to meet the requirements for relation back stated in Farmer v. State, 788 P.2d 43 (Alaska 1990). The new parties had no notice that they would be named as defendants, and in fact could assume to the contrary since their identities were known and they were not named. Contrary to the situation in Farmer, there was no “John Doe” defendant and there was fault on the part of the plaintiff in failing to name the proper parties. Vicky and Jeffrey Rumfeldt (sic) were entitled to rely on the statute of limitations under the circumstances of this case.

The Siemions moved for reconsideration. The motion was denied and the court then entered an order dismissing the Siemions’ complaint with prejudice. The Siemions now appeal from the denial of their Motion to Amend Complaint.2

DISCUSSION

I. Did the Superior Court Abuse its Discretion in Denying Siemions’ Motion to Amend Their Complaint?

The Siemions, citing Farmer v. State, 788 P.2d 43, 47 (Alaska 1990), argue that the requirements of Civil Rule 15(c) are to be liberally construed in order to reach the merits of a case and to ensure that no litigant is deprived of his day in court solely because of the intricacies and technical limitations of pleading. The Siemions further assert that the superior court failed to adhere to these principles and, in so doing, deprived them of their right to an adjudication on the merits.

Rumfelt argues that even under a liberal construction, all of Rule 15(c)’s requirements must be met before the relation back doctrine can override the statute of limitations. Rumfelt concludes that the superior court did not abuse its discretion in denying Siemions’ motion to amend because that motion failed to meet all the requirements of Civil Rule 15(c).

Rule 15 of the Alaska Rules of Civil Procedure provides in part:

(c) Relation Back of Amendments. Whenever 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. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied 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.

This court has adopted and reiterated the liberal amendment policy articulated by the United States Supreme Court in Foman v. Davis, 371 U.S. 178, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962):

Rule 15(a) declares that leave to amend “shall be freely given when justice so requires”.... If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test this claim on the merits.... The leave sought should, as the rules require, be “freely given.”

Id. at 182, 83 S.Ct. at 230 (quoted in Magestro v. State, 785 P.2d 1211, 1213 n. 5 (Alaska 1990); Betz v. Chena Hot Springs Group, 742 P.2d 1346, 1348 (1987), and Wright v. Vickaryous, 598 P.2d 490, 495 (Alaska 1979)). However, when the applicable statute of limitations has run, for an amendment to be allowable under Rule 15(c), the proposed amended pleading must “relate back” to the date of a timely origi[899]*899nal pleading. McCutcheon v. State, 746 P.2d 461, 469 (Alaska 1987). See Alaska R.Civ.P. 15(c).3

In Farmer v. State, 788 P.2d 43, 49 (Alaska 1990), we adopted the requirements of the Rule 15(c) relation back doctrine as stated in Schiavone v. Fortune, 477 U.S. 21, 29, 106 S.Ct. 2379, 2384, 91 L.Ed.2d 18 (1986):

Relation back is dependent upon four factors, all of which must be satisfied: (1) the basic claim must have arisen out of the conduct set forth in the original pleading; (2) the party to be brought in must have received such notice that it will not be prejudiced in maintaining its defense; (3) that party must or should have known that, but for a mistake concerning identity, the action would have been brought against it; and (4) the second and third requirements must have been fulfilled within the prescribed limitations period.

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Siemion v. Rumfelt
825 P.2d 896 (Alaska Supreme Court, 1992)

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Bluebook (online)
825 P.2d 896, 1992 Alas. LEXIS 20, 1992 WL 25155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siemion-v-rumfelt-alaska-1992.