Cavanagh v. Trans World Airlines, Inc.

GOURLEY, Chief Judge.

In this proceeding based on a suit for personal injuries arising out of an airplane accident, plaintiff at time of pretrial and after he had been afforded opportunity to exhaust discovery procedure, but after the expiration of the statute of limitations, moves the court to amend the complaint to allege willful and wanton acts claiming exemplary damages.

Defendant contends that the amended complaint asserts a new cause of action which is barred under the statute of limitations.

The sole question for determination is whether a litigant may amend his complaint to allege wanton…