State ex rel. Holzum v. J. SchneiderAnnotate this Case
On the last day of a three-year limitations period, Eric Katz filed a lawsuit alleging medical malpractice in the death of his mother. After discovery, Katz amended the petition by adding several defendants and dropping others. At the time of the amendment, the statute of limitations had expired. Only one defendant named within the limitations period remained in the case. The newly added defendants moved to dismiss on the ground that the action was not commenced against them within the limitations period and that the amendment adding them did not relate back to the date of the original filing. The circuit court overruled the motions to dismiss, and the new defendants filed petitions for writs of prohibition. The two separate writ petitions were consolidated for decision. The Supreme Court issued preliminary writs for the petitions. The Court held that the amended petition did not relate back to the filing of the initial petition, and therefore, the statute of limitations barred Katz's lawsuit for wrongful death against the new defendants. The preliminary writs in this case were made permanent.