Von Gibson v. Estate of Lynch

[728]

Opinion

THAXTON, J.

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Plaintiff Steve Von Gibson (Von Gibson) appeals a summary judgment favoring defendant Estate of James D. Lynch (Estate) on Von Gibson’s complaint for personal injuries as a result of an automobile accident in which James D. Lynch (Lynch) was killed.

Factual and Procedural Background

On February 26, 1982, Von Gibson and Lynch were involved in a head-on collision. Lynch was driving a vehicle owned by his employer, Rainier Brewing Company, Inc. (Rainier). Lynch died at the scene of the accident and Von Gibson sustained injuries.

Von Gibson sued Lynch and Rainier on February 16, 1983, and also named Does 1 through 10 as defendants. On September 25, 1984, Von Gibson served on Rainier a request for identification and production of documents, seeking Rainier’s policy of insurance. After Rainier failed to produce the insurance policy, Von Gibson brought a motion to compel. Rainier produced the requested document on January 2, 1985, showing Lynch was an insured under Rainier’s policy.

On February 15, 1985, Von Gibson filed a petition to open the Estate of James D. Lynch under Probate Code section 721.

1

On April 15, 1985, the court granted the petition.

Von Gibson filed an amendment to his complaint on April 26, 1985, substituting the Estate as a Doe defendant in his original complaint. Estate moved for summary judgment, arguing Von Gibson’s complaint against Estate filed on April 26, 1985, was barred by the statute of limitations. After hearing, the court took the case under submission and granted summary judgment for Estate.

Discussion

Von Gibson contends the court erred in granting summary judgment on the ground his action was barred by the statute of limitations. He asserts he sued Estate timely because his amendment to the complaint naming Estate relates back to the original filing under Code of Civil