Stoner v. Terranella – Case Brief
Stoner v. Terranella, 372 F.2d 89 (6th Cir. 1967).
Facts: Terranella’s (D) tractor trailer collided with Crowe’s car, killing Crowe, injuring Terranella, and damaging the tractor trailer. Stoner (P), the administrator of Crowe’s estate, sued Terranella and Glenos, the owner of the rig. Glenos filed a motion to file an amended answer to include counterclaims for personal injuries and property damage. The trial court sustained the motion to add the counterclaim for property damage but overruled the motion to add the counterclaim for personal injuries on the grounds that it was barred by the statute of limitations. D was awarded $3,000 for the property damage claim and appealed the order barring the counterclaim for personal injuries.
Issue: Are counterclaims seeking affirmative relief treated as original petitions for purposes of the statute of limitations?
Holding and Rule: Yes. Counterclaims seeking affirmative relief are treated as original petitions for purposes of the statute of limitations.
The court held that Rule 15(c) is applicable only to amendments made pursuant to Rule 15(a). Under Rule 13(f) an omitted counterclaim may be set up by leave of court and under Rule 15(a) a pleading may be amended at any time within 20 days after it is served if the pleading is one to which no responsive pleading is permitted. The court held that these rules are mutually exclusive and as such amendments made pursuant to Rule 13(f) do not relate back to the original pleadings.
Disposition: Affirmed.