Longstaff v. Tuthill

LAVELLE, P.J.,

This case raises the perplexing question of whether the court should allow the amendment of the name of a defendant after the statute of limitations has run. Because the effect of plaintiff’s proposed amendment would be to introduce a new and distinct party to the action, we cannot permit the amendment.

FACTS OF THE CASE

Plaintiffs complaint alleges that, through the negligence of defendant, Ray Tuthill, individually and trading as Little Gap Ski Area, she was injured while skiing at Little Gap. Plaintiff described Ray Tuthill in the complaint as an individual and the lawful owner…