Bonerb v. Richard J. Caron Foundation
United States District Court for the Western District of New York
159 F.R.D. 16 (W.D. N.Y. 1994)
Bonerb, a resident of New York, fell and was injured while playing basketball at a Pennsylvania drug rehabilitation facility owned by the Richard J. Caron Foundation (Caron) (defendant). Bonerb (plaintiff) sued, alleging in his original complaint that Caron’s basketball court was negligently maintained. Bonerb subsequently moved, after Pennsylvania’s two-year statute of limitations had run, to amend his claim to add a cause of action for counseling malpractice. Caron objected on the ground that the counseling malpractice claim did not relate back to the original pleading so was barred by Pennsylvania's statute of limitations.
Rule of Law
Holding and Reasoning (Heckman, J.)
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