Clint Johnson v. Airtight Resources Inc. et al.

As permitted by statute, the plaintiff in a personal injury action amended his complaint to add a nonparty as a new defendant based on the original defendant’s allegations of comparative fault in an amended answer. The new defendant filed a motion to dismiss, arguing that the statute of limitations barred the claims against him because the original defendant lacked permission to file the amended answer. The trial court struck the amended answer and dismissed the claims against the new defendant on statute of limitations grounds. Because the original defendant had written consent to file the amended answer, we reverse.