Lamka v. KeyBank

Plaintiff purchased a boat and trailer from Bridge City Watersports in a transaction financed by KeyBank. Later, Bridge City Watersports sold the same boat and trailer to a third party in a transaction that was also financed by KeyBank. Plaintiff filed a claim against Bridge City Watersports and KeyBank for negligence. Defendant KeyBank1 filed an ORCP 21 A(8) motion to dismiss, which the trial court granted. Plaintiff then filed an amended complaint, and defendant filed an answer and affirmative defense. However, the trial court concluded that plaintiff lacked authority to file that amended…