In a recent Michigan slip-and-fall case, a state appellate court considered whether a plaintiff’s amended complaint adding a nonparty at fault relates back to the original filing. Ultimately, the court concluded that the plaintiff’s amended complaint did relate back to the original filing date of the complaint. Thus, the court rejected the defendant’s argument that the plaintiff’s case was time-barred.
According to the court’s opinion, the plaintiff purchased a new refrigerator at Best Buy. Evidently, the plaintiff’s new refrigerator unexpectedly sprayed water out of its dispenser onto the floor, causing the plaintiff to slip and fall. The plaintiff filed a claim against Best Buy, which sold and installed the plaintiff’s fridge, alleging negligence, breach of warranty, and breach of contract. Best Buy filed a notice identifying Samsung as a nonparty at fault, as the fridge’s manufacturer. Essentially, Best Buy was claiming that Samsung should be a party to the lawsuit because Samsung was likely at fault for the plaintiff’s injuries. The plaintiff then amended her complaint, adding a claim against Samsung.