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)

A claim ‘relates back’ to an initial pleading when the claim asserted in an amended pleading arises out of the same nucleus of operative facts asserted in the original pleading.

Relevant Facts

Bonerb (the plaintiff), a New York resident, was injured at a basketball game in a Pennsylvania drug rehabilitation facility owned by the Caron Foundation (the defendant). The plaintiff sued, alleging in his original complaint that the defendant’s basketball court was negligently maintained. The plaintiff then amended his complaint to add a cause of action for counseling malpractice due to Pennsylvania’s two-year statute of limitations. The defendant objected on the grounds that the counseling malpractice claim did not ‘relate back’ to the original pleading, and thus was barred by the statute of limitations.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

January 6, 2021

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Procedural History

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Citations

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