Watts v. State

566 P.2d 693, 115 Ariz. 545, 1977 Ariz. App. LEXIS 641
CourtCourt of Appeals of Arizona
DecidedMay 12, 1977
Docket1 CA-CIV 3229
StatusPublished
Cited by13 cases

This text of 566 P.2d 693 (Watts v. State) 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
Watts v. State, 566 P.2d 693, 115 Ariz. 545, 1977 Ariz. App. LEXIS 641 (Ark. Ct. App. 1977).

Opinions

OPINION

SCHROEDER, Presiding Judge.

This case arises out of a one-car automobile accident in which Michelle Keener, a minor, was injured, and her parents and sister were killed. Well within the two-year statute of limitation period, an action was filed against the State and against the Ford Motor Company, the manufacturer of the automobile. The complaint, filed on Michelle’s behalf by her guardian, sought damages for Michelle’s own injuries, as well as damages for the deaths of the members of her family.

After the expiration of the statutory period, there were attempts by way of amendment to the complaint to correct and amplify the wrongful death actions. This appeal involves whether, under the provisions of Rule 15, Arizona Rules of Civil Procedure, such amendments should have been permitted to relate back so as to allow maintenance of the wrongful death claims. The trial court, upon motions of the State and the Ford Motor Company, dismissed all of the wrongful death claims, and this appeal followed. Ford has not participated in the appeal.

We conclude that the amendments should have related back, and that the trial court erred in dismissing the wrongful death claims for the deaths of Michelle’s mother and father. Since our statutes recognize no claim for the wrongful death of- a sister, the dismissal of the claim for the sister’s wrongful death is affirmed.

The procedural background of the appeal is as follows. The accident occurred in December 1972. The first amended complaint, filed well within the statutory period by Michelle’s guardian, set forth a properly alleged claim against both the State and Ford Motor Company for Michelle’s own injuries. It also purported to set forth wrongful death claims. As against the [547]*547Ford Motor Company, claims were asserted for the deaths of both the parents and the sister. With respect to the State, the complaint purported to assert claims only for the death of the mother and sister.

However, that complaint, as a result of apparent mistakes in drafting, was from plaintiffs’ standpoint deficient in two respects: First, the wrongful death claims were not brought in the name of the personal representative of the decedent as required by our wrongful death statute, A.R.S. § 12-612, and second, with respect to the State, there was no description in the body of the complaint of any claim for the wrongful death of the father, but only for the deaths of the mother and sister.

After the expiration of the statutory period, the complaint was amended, without objection by the defendants, to add or substitute the proper party plaintiff in the action for the wrongful death of the father, i.e., Ray Brown, the personal representative of the estate of the deceased. The defendants then moved to dismiss all the wrongful death claims against them on the ground that the amendments could not relate back to the filing of the complaint, and that therefore there was no timely proper assertion of any wrongful death claims. In resisting that motion, the appellants offered an additional amendment setting forth the claim against the State for the wrongful death of the father and describing Brown as the personal representative of the estates of both the father and the mother. That amendment was not permitted. The trial court, apparently concluding that the amendments were too late, dismissed all the wrongful death claims.

In this appeal, we are thus called upon to determine first whether the amendments substituting the proper plaintiff in the wrongful death claims should have related back. If so, we must also determine whether the amendment alleging the claim against the State for wrongful death of the father should also have been permitted to relate back.

In answering both these questions, we must be guided by Rule 15(c), Arizona Rules of Civil Procedure, pertaining to the relation back of amendments. That Rule provides:

“15(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. Service of process in compliance with Rules 4(d)(7) or (8) satisfies the requirement of clauses (1) and (2) hereof with respect to the state, county, municipal corporation or any agency or officer thereof to be brought into the action as a defendant.”

We turn first to the amendments adding the proper party plaintiff in the wrongful death claims. Our Rule 15 is the same as the federal rule and is taken directly from it. We note initially that while the rule itself does not specifically refer to a change in plaintiffs, the principles enunciated therein with respect to changing defendants have been held equally applicable with respect to plaintiffs. See 6 Wright & Miller, Federal Practice and Procedure § 1501.

The rule is a liberal one which contemplates that a change in parties should relate back (a) where the claim amended arises out of the same transaction or occurrence described in the original pleading, (b) where because the defendant has had ample notice of the nature of the claim being asserted, there is no prejudice in the ability of the defendant to defend the amended complaint on the merits, and (c) where the initial [548]*548failure to designate the appropriate party was the product of a mistake.

In this case, the amendments to substitute the proper plaintiff clearly related to the same accident which was the subject of the original complaint. There is also no question that the defendant had notice that wrongful death claims were being asserted, for the body of the complaint sought to be amended referred expressly to claims for wrongful death. Nor is there any suggestion that the omission of the proper party plaintiff in the wrongful death action was anything other than a mistake. In short, applying the principles of Rule 15(c), we find no reason why the amendment should not have been permitted to relate back.

Even before the liberalizing amendments to Rule 15, it was well established that amendments substituting or adding new parties should relate back where the new and old parties have identity of interests so as to prevent any actual prejudice by virtue of the amendment. As stated by Professor Moore, that principle is as follows:

“The general rule is that 15(c) will not apply to an amendment which substitutes or adds a new party or parties for those brought before the court by the original pleadings — whether plaintiff or defendant. The reasoning is that such an alteration amounts to the assertion of a new cause of action and if an amendment were allowed to relate back in that situation the purpose of the statute of limitations would be defeated.

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Watts v. State
566 P.2d 693 (Court of Appeals of Arizona, 1977)

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Bluebook (online)
566 P.2d 693, 115 Ariz. 545, 1977 Ariz. App. LEXIS 641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watts-v-state-arizctapp-1977.