Blair v. Durham

Nelle Durham (plaintiff) was injured when a heavy timber fell from a scaffold and struck her while she worked in a room being renovated by Algernon Blair Construction Company (defendant), the general contractor. Her original complaint alleged the timbers were mishandled; during trial she amended it to also allege the scaffold itself was improperly built. Blair moved to dismiss, arguing the amendment stated a new cause of action barred by the statute of limitations. The court allowed the amendment, and on retrial the jury found for Durham.