(DOWNLOAD) "Green Reservoir Flood Control District V. Willmoth" by Arizona Court of Appeals # Book PDF Kindle ePub Free

eBook details

Title: Green Reservoir Flood Control District V. Willmoth
Author : Arizona Court of Appeals
Release Date : January 28, 1971
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

The original complaint based upon negligence was filed September 9, 1966, which is within the two year statute of limitations as provided in A.R.S. § 12-542 since the first flooding on which damages are asked occurred on September 10 and 11, 1964. Two subsequent amended complaints filed without opposition on April 19, 1968 and October 29, 1968, included a theory of strict liability upon which appellees' claims were to be based. These two amended complaints were filed after the two year statute of limitations. The first question presented is whether these amended complaints fall under the purview of Ariz.R.Civ.P. 15(c), 16 A.R.S. and therefore relate back to the original filing. Rule 15(c) adopted from the Federal Rules of Civil Procedure reads as follows: