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PHELPS v. WEHR CONSTRUCTORS, INC.

No. 2003-CA-001262-MR.

168 S.W.3d 395 (2004)

Glendon PHELPS and Joyce Phelps, Appellants, v. WEHR CONSTRUCTORS, INC.; Jewish Hospital Healthcare Services, Inc.; Realm, Inc.; Geoghegan Corp.; R.B. Banta Co., Inc.; and Klarer Construction Co., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 21, 2004.

Discretionary Review Denied by Supreme Court August 17, 2005.

Attorney(s) appearing for the Case

Kenneth L. Sales, Paul J. Kelley, Louisville, KY, for appellant.

John A. Sheffer, Christopher T. Coburn, Louisville, KY, for appellee.

Before MINTON, SCHRODER, and TAYLOR, Judges.

OPINION

MINTON, Judge.

If a plaintiff satisfies certain conditions, Kentucky's relation back rule preserves an amended complaint from a defendant's statute of limitations defense by treating the amendment as if it had been filed at the time of the original pleading. One of the prerequisites is that a defendant added after the statute of limitations has run must have known or had reason to know that, but for a mistake concerning the identity of the...

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