Davis v. Connell

GRAHAM, Judge.

Plaintiff contends the court erred in permitting defendant to file an amendment to her answer during the course of the trial. The amendment alleges that the collision was caused by defective brakes on the Falcon automobile; that plaintiff’s intestate knew the brakes were defective, and that her negli- genee in operating the automobile in such a condition was a proximate cause of her death.

G.S. 1A-1, Eule 15(a) provides that leave to amend pleadings shall be freely given when justice so requires. Subsection (b) of Eule 15 provides in part: “If evidence is objected to at the trial…