David v. Crompton TWO
Crompton wanted to amend answer re:shredder. Amendments allowed if justice requires - but would it be prejudicial to P?
H - not permitted to amend, b/c statute of limitations had run and would prevent P from suing the right party
H - not permitted to amend, b/c statute of limitations had run and would prevent P from suing the right party
Tags: Amend
Quelle:
Quelle:
Beeck v. Aquaslide (notes)
P injured on waterslide, sued Aquaslide (the alleged mfctr). 3 insurance agents investigated and said it was an Aquaslide slide (D, water park, P's employer who held the event). Amendment allowed, even though statute of limitations had run.
H - D relied on conclusions of 3 insurance companies, so mistake was ok.
H - D relied on conclusions of 3 insurance companies, so mistake was ok.
Tags: Amend
Quelle:
Quelle:
Goodman v. Praxair
Goodman wasn't paid, sued Praxair. Should have sued Praxair, Inc. Wanted to amend and his amendment to relate back.
H - tests to allow relating back of party name:
1 - if claim is same, and just party name changes
2 - new party had received notice of claim and so would not be prejudiced
3 - new party should have known it was a case of mistaken ID
Notes:
Didn't want to disturb Maryland's statute of limitations, wants to protect D repose and stale evidence prob. But not the case here, b/c co. knew mistake.
H - tests to allow relating back of party name:
1 - if claim is same, and just party name changes
2 - new party had received notice of claim and so would not be prejudiced
3 - new party should have known it was a case of mistaken ID
Notes:
Didn't want to disturb Maryland's statute of limitations, wants to protect D repose and stale evidence prob. But not the case here, b/c co. knew mistake.
Tags: Amend
Quelle:
Quelle:
Answer/Amendment - 5
David v. Crompton
Zielinski
Shepard v. Darrah
Beeck v. Aquaslide
Goodman v. Praxair
Zielinski
Shepard v. Darrah
Beeck v. Aquaslide
Goodman v. Praxair
Tags: Amend, Answer
Quelle:
Quelle:
Kartensatzinfo:
Autor: stgillian
Oberthema: Law
Thema: Civil Law
Schule / Uni: Tulane
Ort: New Orleans, LA
Veröffentlicht: 02.03.2010
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