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Hayward v. Valley Vista Care Corp.9/28/2001
ive of the Estate of Delbert Lewis Hayward, Deceased." The district court found that Alfred was not a real party in interest, since he did not bring the claim as an "heir" or as a "personal representative on behalf of the heirs." According to the district court, even if Alfred were allowed to add the wrongful death claim to the state court claim, he would have to add a party or change the party listed on the pleading.
Although not binding on this Court, the Court of Appeals set forth various considerations regarding Rule 17(a) substitutions or joinders in Conda Partnership, Inc., 115 Idaho at 904, 771 P.2d at 922. In that case, the Court of Appeals found that the good faith of the plaintiff and prejudice experienced by the defendant are factors to consider. Id. It also observed that, "Rule 17(a) is not intended to validate claims filed without any real basis but with the hope that a proper party will eventually materialize in order to benefit from a suspended statutes of limitation." Id. "However, this principle has no application to cases in which substitution of the real party in interest is necessary to avoid injustice." Id.
Various federal courts have also provided informative insight on the combined application of Rule 15(c) and Rule 17(a) of the Federal Rules of Civil Procedure. For example, in Crowder v. Gordons Transports, Inc., 387 F.2d 413 (8 th Cir. 1967), the circuit court reviewed a district court's dismissal of a wrongful death claim based on a finding that the statute of limitations had run. Id. at 414. The wrongful death claim had originally been filed by the decedent's wife who was named in the complaint as "administratrix of the estate of the decedent, as plaintiff." Id. Under the applicable state law, the administratrix was not an appropriate party to bring a wrongful death action. Id. at 415. Consequently, the plaintiff moved to amend the complaint in order to bring the action on behalf of the heirs of the decedent. Id. at 414. On appeal, the eighth circuit found that the district court erred in dismissing the complaint, as rules 15(c) and 17(a) covered the relation back issue presented to the court. Id. at 418. In reaching its decision, the court looked to the policy behind the federal rules such as eliminating "procedural booby traps" and permitting that "bona fide complaints be carried to an adjudication on the merits." Id.
Likewise, in Advanced Magnetics, Inc. v. Bayfront Partners, Inc., 106 F.3d 11 (2 nd Cir. 1997), the circuit court explored a district court's denial of a motion to amend to change the named plaintiffs. Id. at 14. The district court's denial was in part based on a finding that the decision to use the plaintiffs named in the original complaint was a "tactical" decision, as opposed to a "mistake." Id. The circuit court reversed the decision of the district court, finding that the language and policy behind Rule 15(c) and Rule 17(a) mandated a contrary conclusion. Id. at 20-21. The court noted, "A Rule 17(a) substitution of plaintiffs should be liberally allowed when the change is merely formal and in no way alters the original complaint's factual allegations as to the events or participants." Id. at 20.
Finally, we note that courts from other jurisdictions have applied a more lenient standard to the relation back of a motion to amend that primarily centers around the capacity in which the plaintiff brings the action. See, e.g., Beal v. City of Seattle, 954 P.2d 237, 244 (Wash. 1998)(finding that CR 17(a) and CR 15(c), Washington's equivalent to the federal rules, did not bar amendment and relation back in a wrongful death case because the change was only in the representative capacity in which the suit was brought and the defendant
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