California Court of Appeal

In an action arising out of a military helicopter crash involving utility lines, the relation-back doctrine does not apply to save the claims of an omitted heir whose wrongful death cause of action would otherwise have been barred by the statute of limitations. The trial court did not err in: 1) adding an additional plaintiff to a timely filed survivor cause of action; and 2) ruling that the propriety of the addition could not be resolved at the pleading stage.

Appellate Information

• Decided 01/25/2007
• Published 01/25/2007

Judges

• McINTYRE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• C. Larry Davis, San Diego, for Petitioner., Macaluso & Associates, Todd E. Macaluso, Stacy M. King, San Diego, and Zachary M. Lemley for Real Parties in Interest.


• For Appellees:
  
• No appearance for Respondent.