RAKES v. FAIRMONT MOBILE HOMES, INC.

No. 17014.

358 S.E.2d 236 (1987)

Noah A. RAKES, Jr., et al. v. FAIRMONT MOBILE HOMES, INC., etc., et al. Georgia-Pacific Corp., etc.

Supreme Court of Appeals of West Virginia.

June 5, 1987.


Attorney(s) appearing for the Case

Guy R. Bucci/Scott A. Ash, Charleston, for Noah Rakes.

John L. MacCorkle, Charleston, for Fairmont Mobile Homes.

Robert E. Douglas, Charleston, for Georgia-Pacific.

John R. Hoblitzell, Charleston, for Weyerhauser Co.


MILLER, Justice:

The issue presented is whether a plaintiff may amend his complaint under Rule 15(a) of the West Virginia Rules of Civil Procedure to assert a direct claim against a third-party defendant who has been timely brought into the action where the amended complaint is sought to be served beyond the applicable statute of limitations period. Both the original complaint and the amended complaint are based on the same occurrence or transaction. We hold that...

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