BLAIR V. DUNHAM
134 F.2d 729 (6th Cir. 1943)
NATURE OF THE CASE: This was a personal injury action.
FACTS: Durham (P) was injured on August 17, 1938 while at work in a room that Blair (D)
was remodeling under a contract with the United States Post Office. P alleged in her initial
complaint that was filed on January 14, 1939, that by reason of negligence and carelessness
of D or its employees, a large piece of board fell from scaffolding and onto her head. The
cause came for trial on August 15, 1940 and P requested a consent to file an amended
complaint which was granted. The new complaint alleged that D had erected the scaffolding,
that it would not protect persons, who was required to work there under, and that D might
have reasonably anticipated that heavy objects were likely to fall from it. The cause was
continued and D filed a motion to dismiss as the amended complaint stated a new cause of
action which was now barred by the Statute of Limitations. P got the verdict for $6,500 and
D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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