Phelps v. Wehr Constructors, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Nothing in the Rule or in the [Advisory Committee] Notes indicates that the provision applies to a plaintiff who was fully aware of the potential defendant’s identity but not of its responsibility for the harm alleged.”
• “The Phelpses’ failure to include Wehr occurred because of a lack of knowledge of Wehr’s potential liability, not because of a misnomer or misidentification. We do not read the word ‘mistake’ in CR 15.03(2)(b) to include a lack of knowledge. For purposes of CR 15.03(2)(b

Source: CourtListener parenthetical corpus (CC0).