Bonerb v. Richard J. Caron Foundation

Brief Fact Summary.

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Plaintiff filed a personal injury action against Defendant. Plaintiff alleged that he sustained injuries when he slipped and fell during a mandatory exercise program at Defendant’s rehabilitation facility. Plaintiff sought to amend his complaint to add a cause of action for “counseling malpractice.” Defendant objected to the amendment.

Synopsis of Rule of Law.

Federal Rule of Civil Procedure 15(c) allows a party to amend its pleading to assert a claim that would otherwise be time-barred if it relates back to the original pleading.

Facts.

Plaintiff alleged that he sustained injuries when he slipped and fell while playing basketball on Defendant’s premises during a mandatory exercise program at Defendant’s rehabilitation facility. Plaintiff filed a personal injury action against Defendant. Subsequently, Plaintiff sought to amend his complaint to add a cause of action for “counseling malpractice.” Defendant objected to the amendment on the ground that it did not relate back to the original pleading and was barred by the statute of limitations.

Issue.

Should Plaintiff’s motion for leave to amend the complaint to add the counseling malpractice claim be granted?

Held.

Yes. The amendment “related back” to the date of the original pleading.

Discussion.

The allegations of the original and amended complaints arose out of  the same nucleus of operative facts, Defendant would not be unduly prejudiced by the amendment, and there was no showing of undue delay or bad faith on the part of Plaintiff.