Humphries v. Going

59 F.R.D. 538 (1973)

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Nature of the Case

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Facts

Humphries (P) and Going (D) were involved in an auto accident in North Carolina. P sued and then filed an amended complaint alleging that the car driven by D was registered to Colonial Flooring and that D operated the vehicle with the consent of Flooring in furtherance of Flooring's business. P then filed an amendment to the amended complaint alleging that prior to the time of the accident D had been treated for alcoholism and that D was an alcoholic and was intoxicated at the time of the accident. P also alleged that Flooring had full knowledge of D's condition and that Flooring was negligent in entrusting the car to D. D opposed this new amended complaint in that it set forth a separate and distinct claim for relief and that such claim was barred by the three-year statute of limitations.