JOHNSON v. SOO LINE R. CO.

No. C8-90-359.

463 N.W.2d 894 (1990)

Mark W. JOHNSON, Petitioner, Appellant, v. SOO LINE RAILROAD COMPANY, Respondent.

Supreme Court of Minnesota.

December 28, 1990.


Attorney(s) appearing for the Case

Don C. Aldrich, Gregory T. Yaeger, Yaeger & Yaeger, P.A., Minneapolis, for petitioner, appellant.

Megan K. Micke, Katherine T. Cavanor, Spence, Micke & Thurmer, P.A., St. Paul, for respondent.

Heard, considered, and decided by the court en banc.


SIMONETT, Justice.

This case involves plaintiff's attempt to change the party defendant after the statute of limitations has run. The court of appeals held the change was not allowable under the relation-back provision of Minn. R.Civ.P. 15.03. We agree and affirm.

The period of limitation for plaintiff-appellant Mark W. Johnson's action under the Federal Employers' Liability Act (a 3-year period) expired July 19, 1989. On July 14 plaintiff timely commenced...

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