Ritchie v. Grand Canyon Scenic Rides

In Ritchie v. Grand Canyon Scenic Rides, 165 Ariz. 460, 799 P.2d 801 (1990), the plaintiff was injured on a mule ride conducted by Grand Canyon Scenic Rides ("GCSR"). 165 Ariz. at 461, 799 P.2d at 802. She attempted to settle with GCSR's insurer but was unable to do so. Id. at 461-62, 799 P.2d at 802-03. She filed suit on July 25, 1985, the last day of the two-year statute of limitations, mistakenly naming as defendants Fred Harvey Transportation Co. ("Harvey"), an Arizona corporation, doing business as Grand Canyon Scenic Rides, and several fictitious entities. Id. Harvey was served the next day. Id. GCSR in fact had no affiliation with Harvey and thus did not receive notice of the action. Id. The plaintiff amended her complaint on September 19, 1985, "correctly naming" GCSR as a defendant, and served GCSR on October 3, 1985, two years and two months after the accident. Id. The trial court granted GCSR's motion for summary judgment on grounds that the two-year statute of limitations barred the action. Id. In Ritchie, the supreme court did not have before it the issue of whether an amended complaint adding a party can relate back in the absence of a mistake. The issue was whether, under Rule 15(c), an amended complaint can relate back to the date of the original complaint if it is filed after the running of the statute of limitations but served within the time allowed for service of process under Arizona Rule of Civil Procedure 6(f). Id. at 465, 468, 799 P.2d at 807, 809.