Bonerb v. Richard J. Caron Foundation

159 F.R.D. 16 (W.D.N.Y. 1994)

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.