In the Lehigh County case of Hamsher v. Shook, 58 Leh. L.J. 139 (C.P. Leh. Co. Aug. 2, 2018 Johnson, J.),
the court ruled, in a slip and fall case, that a Motion to Amend a Complaint To Reflect Correct Address of Subject Accident after the statute of limitations had expired in order to allege a different
place of the incident was denied as such an amendment was deemed not to cure a
merely technical defect, but was actually found to constitute a different
occurrence.
More specifically, the court found that an amendment that would change the location of the incident from one where the Defendant owed no duty to a location where the Defendant did owe a duty, changes the occurrence pled, which is not a permissible amendment once the statute of limitations has expired.
In conjunction with denying the Plaintiff's Motion to Amend, the court also granted the Defendant's Motion for Summary Judgment.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.