Will the amended complaint relate back to the filing


Assignment task: Plaintiff filed an action against Defendant, a trucking company, based on an accident between one of Defendant's trucks and Plaintiff. Plaintiff filed in federal district court based on diversity. Defendant informed Truck Driver about the suit in a timely manner. After the statute of limitation ran, Plaintiff filed an amended complaint in which he sought to add the Truck Driver who was driving Defendant's truck during the accident. Truck Driver has objected to the amendment on the ground that the claim against her is time barred. The state law that provides the statute of limitations would not allow relation back. Will the amended complaint relate back to the filing of the complaint against Defendant?

A. Yes, because the claim against Truck Driver arises out of the same transaction as did the claim against Defendant.

B. Yes, because Truck Driver had notice of the action before the statute of limitations ran.

C. No, because there are no facts suggesting that Plaintiff's failure to name Truck Driver was due to a mistake as to her identity.

D. No, because the state law that provides the statute of limitations does not allow relation back.

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Business Law and Ethics: Will the amended complaint relate back to the filing
Reference No:- TGS03246086

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