Munetz v. Eaton Yale & Towne, Inc.

MEMORANDUM OPINION AND ORDER

BRODERICK, District Judge.

Presently before this Court is the motion of the plaintiff to amend the caption and to correct the party named in the complaint. The question before this Court is whether the requested amendment would merely correct a misnomer and thus properly name an entity which was already served prior to the running of the applicable statute of limitations, or whether the requested amendment substitutes a new party for the named defendant and is thus barred by the statute of limitations.

In this action to recover damages for personal injuries allegedly…