Legleu v. Clarksville Department of Electricity
Plaintiff Miranda Legleu sued Clarksville Department of Electricity for personal injuries. The defendant moved to dismiss, asserting it lacked capacity to be sued as it was a non-entity of the City of Clarksville. Legleu moved to amend her complaint to add the City of Clarksville as the real party in interest. The trial court denied the dismissal and granted the amendment. On appeal, the Court evaluated whether the amendment adding the City of Clarksville could relate back, considering that the City of Clarksville did not receive notice of the suit before the statute of limitations expired. Citing Duke v. Replogle Enterprises, the appellate court held that for an amendment to relate back, the new party must receive notice within the limitations period. Since there was no evidence the City of Clarksville had notice prior to the statute of limitations running, the trial court's order was vacated, and Legleu's suit was dismissed.