Eleanor C. Parker v. Patrick T. Breckin

VEASEY, Chief Justice: The issue on this appeal is whether an amended complaint relates back under Super. Ct. R. 15(c) to the date of the original
filing in which a person who was at the time deceased was named as the defendant, the executor of the estate of the deceased
person was not named as the defendant until an amended complaint was filed after the statute of limitations had run, and where
the executor was not given notice, within the two-year period provided in the statute of limitations, of the filing of the
suit, but where the decedent's insurance carrier did have notice of a potential claim within the two-year period. The Superior
Court held that the amendment related back and refused to dismiss the action. We accepted the interlocutory appeal, and we
reverse and remand.