Diane Flynn v. Sarah Campbell

Summary

The court held that an amended complaint naming a new defendant relates back when the new defendant knew or should have known that the plaintiff would have named that defendant but for a mistake concerning the proper party's identity. A mistake may be factual or legal, including misunderstanding an insurer's legal role, so long as it was not a deliberate strategic choice to sue another party. Because the amended complaint satisfied the other relation-back requirements and the plaintiff's error was not strategic, the court reversed the dismissal and remanded.