Bonerb v. Richard J. Caron Foundation
159 F.R.D. 16 (W.D.N.Y. 1994)
Nature of the Case
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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.
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