Swartz v. Gold Dust Casino, In

91 F.R.D. 543 (1981)

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Nature of the Case

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Facts

Swartz (P) was injured on May 4, 1979, by falling on a staircase at the Gold Dust Casino (D). A complaint was filed on April 30, 1980, in the District Court. The complaint listed Does 1 through V as their true names and identities were not known or ascertainable but that they were liable to P in damages in that each was an owner or had some interest in the real property or corporation. D denied the material allegations of the complaint. D informed P by interrogatories that it leased the property from Cavanaugh Properties. An expert witness for P concluded that the staircase violated local codes and was dangerous as a result. D then filed a motion to extend discovery on 2/19/1981 as they had discovered the true identity of Doe I, being Cavanaugh Properties. P asked for leave to amend. That motion was granted on 5/7/1981. The amended complaint was filed more than two years after the original accident. Cavanaugh raised the two-year statute of limitations as an affirmative defense and filed a motion for judgment on the pleadings. Cavanaugh was a partnership, and John Cavanaugh was a general partner and president of D.