Cimini v. Belsky

MEMORANDUM OPINION AND ORDER

DAVID V. O’BRIEN, District Judge.

In this case the plaintiff, Michael A. Cimini, (“Cimini”), is struggling to avoid summary dismissal of his complaint. After this case was transferred from Rhode Island, distinctions between Rhode Island and Virgin Islands tort law forced Cimini to attempt to substitute the automobile driver as the defendant in place of the owner. Since the proposed amendment fails to satisfy the three-part test of Fed.R.Civ.P. 15(c), we will deny the motion to amend the complaint and will grant the defendant’s motion for summary judgment.

I. FACTS

On…