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MULLEN v. ALARMGUARD OF DELMARVA, INC.

625 A.2d 258 (1993)

Thomas R. MULLEN, D.M.D., individually, as Executor of the Estate of Jill R. Mullen, deceased, as Administrator of the Estates of Erin B. Mullen, deceased, and Thomas C. Mullen, deceased, and as Next Friend of Craig T. Mullen, a minor, Plaintiff Below, Appellant, v. ALARMGUARD OF DELMARVA, INC., a Maryland corporation, Donald Edwin Williams, and Theresa G. Williams, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: June 2, 1993.

Attorney(s) appearing for the Case

Walter L. Pepperman, II (argued), and Karen L. Pascale, Morris, Nichols, Arsht & Tunnell, Wilmington, and Michael J. Rich, Twilley, Street, Rich & Braverman, Dover (Christopher C. Fallon, Jr., Cozen & O'Connor, Philadelphia, PA, of counsel), for appellant Thomas R. Mullen, D.M.D.

Richard D. Levin, Connolly, Bove, Lodge & Hutz, Wilmington (David N. Zeehandelaar (argued), Bolger, Picker, Hankin & Tannenbaum, Philadelphia, PA, of counsel), for appellee Theresa G. Williams.

Before MOORE and WALSH, JJ., and BERGER, Vice Chancellor (sitting by designation pursuant to Del. Const. art. IV, § 12).

WALSH, Justice:

In this interlocutory appeal from the Superior Court, we examine the basis for permitting a plaintiff to amend his complaint to add an additional defendant after the period of limitations has expired. The Superior Court ruled that such an amendment relates back under Superior Court Civil Rule 15(c) only where there is a mistake concerning the identity of an original defendant and that the subjective knowledge...

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