Erwin v. McDermott

After a physical altercation with a security guard at the Foxy Lady nightclub, Dustin Erwin (plaintiff) sued The Foxy Lady Corporation, believing it owned the club; the corporation's attorney, Berman, filed a motion to dismiss on vicarious liability grounds before later revealing, for the first time in a summary judgment motion, that Frank's of Brockton (defendant) actually owned the club. Erwin moved to amend his complaint to substitute Frank's as the defendant; Berman, now representing Frank's as well, opposed the amendment as untimely under the statute of limitations, since more than three years had passed since the incident.