Caffaro v. Trayna

Does the fact that an independent action for wrongful death would be time-barred necessarily foreclose amendment of the complaint in a pending action for conscious pain and suffering to include the action for wrongful death? We hold that it does not.

During the pefiod from September, 1966 to May, 1967 defendant physician treated the decedent for throat ailments. The treatment was not successful and in December, 1968 the decedent brought the-present action in malpractice. While this action was pending, on June 24¡ 1969 the decedent died of carcinoma of the larynx, the condition which defendant…