Beeck v. Aquaslide 'N' Dive Corp.
United States Court of Appeals for the Eighth Circuit
562 F.2d 537 (8th Cir. 1977)
Beeck (plaintiff) sued Aquaslide 'N' Dive Corp. (defendant) after being injured on a water slide he believed Aquaslide had manufactured. Aquaslide initially conceded manufacture, but after later inspecting the slide, it discovered it had not actually made it and moved to amend its answer to deny manufacture. The district court granted the motion and ordered a separate trial limited to the manufacture question; the jury found Aquaslide had not manufactured the slide, and the court dismissed Beeck's claim. Beeck appealed, arguing the court abused its discretion in allowing the amendment and severing the manufacture issue for trial.
Whether a defendant who initially admitted manufacturing a product may later amend its pleading to deny manufacture.