Scolaro v. Marlatt

MINUSKIN, J.S.C.

Plaintiff moves after the statute of limitations has run to amend her complaint to include her husband’s claim for loss of consortium. Relief is sought pursuant to R. 4:9-3.1 Although the motion is made by plaintiff, the court will consider it as an application by her husband to assert a cause of action to be joined with her complaint.

Plaintiff, who sustained injuries in an automobile accident on August 31, 1981, filed suit on September 22, 1982. Her husband failed to join as a party plaintiff on his per quod cause of action. Prior to this motion and before the statute of…