Wicker v. Holland

In Wicker v. Holland, 128 N.C. App. 524, 495 S.E.2d 398 (1998), the plaintiff had sued several individuals for negligence resulting in property damage arising out of work performed by Boles Paving, Inc. Boles Paving, Inc. was not named as a party-defendant in the original complaint, but a third-party complaint and a cross-claim were filed against Boles Paving, Inc. by the individual defendants, thereby providing notice to Boles Paving, Inc. of the claims. Id. at 526, 495 S.E.2d at 399-400. Following the running of the statute of limitations, the plaintiff sought to amend her pleading to designate Boles Paving, Inc. as a defendant to the original complaint in order to allow relation back under Rule 15(c). Id. at 526, 495 S.E.2d at 400. The trial court denied the motion to amend and we affirmed, rejecting the plaintiff's argument that Boles Paving, Inc. already had notice of the claim and would suffer no prejudice by being designated a party-defendant. Id. at 527, 495 S.E.2d at 400. The Court stated that "this argument is irrelevant under Crossman's analysis of the limited reach of Rule 15(c). The plaintiff sought to add a party, and such action is not authorized by the rule." Id.