Otness v. United States
United States District Court for the District of Alaska Territory
23 F.R.D. 279 (D. Alaska Terr. 1959)
After a Coast Guard-maintained navigation aid sank in Alaska's Wrangell Narrows, the Coast Guard issued a bulletin stating dragging operations showed the aid was no longer present above the channel bottom, but Otness's (plaintiff) ship nonetheless collided with the still-present navigation aid; Otness sued the United States (defendant) under the Federal Tort Claims Act alleging negligence in issuing the bulletin. At the close of evidence, Otness moved under Federal Rule of Civil Procedure 15(b) to amend his complaint to add a claim of willful, wanton, or reckless conduct, arguing the government could not be prejudiced since its negligence defense would apply equally to the new claim.
Whether a plaintiff may amend his complaint at the close of trial to add a claim of willful, wanton, or reckless conduct, when the defendant's discovery and defense preparation were confined to a negligence theory.