Linda Sellers, Petitioner v. Stephan Kurdilla and Daniel Stroud, Respondents

Summary

The court held that Sellers's amended complaint adding Stroud as a defendant related back to the filing date of the original complaint under Alaska Civil Rule 15(c). Sellers made a genuine mistake about the driver's identity, the rule permits adding as well as substituting a defendant, the service period was extended by the court's authorization of service by publication, and State Farm's timely notice was imputable to Stroud because of their identity of interest. The court therefore reversed the dismissal of the claim against Stroud and remanded for further proceedings.