Kuisis v. Baldwin-Lima-Hamilton Corp.

Dissenting Opinion by

Mr. Chief Justice Jones :

I disagree with the majority view that appellant’s claim was not barred by the statute of limitations. I therefore respectfully dissent.

In the present case appellant was permitted, over appellee’s objection, to amend his complaint to include allegations of liability pursuant to Bestatement 2d, Torts §402A, more than two years after the statute of *341limitations had expired.1 We are concerned here with the policy of freely allowing amendments to pleadings and the rule that where the controlling facts are all stated, and the statement is otherwise…