BONERB V. RICHARD J. CARON FOUNDATION
159 F.R.D. 16 (W.D.N.Y. 1994)
NATURE OF THE CASE: This was a diversity action for a slip and fall injury from playing
basketball and a motion to amend the complaint.
FACTS: Bonerb (P) sustained an injury while in a rehabilitation program at the
Foundation's (D) Westfield facility. P slipped and fell while playing basketball during a
mandatory exercise program. P claims that the court was negligently maintained by D. A
motion was granted for a substitution of counsel and that counsel moved to amend the
complaint to add an allegation of counseling malpractice. This occurred a year after the
complaint had been filed and after the statute of limitations had run. D objected to the
amended complaint on grounds of the relation back doctrine and the running of the two-year
statute of limitations.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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