Civil Procedure Keyed to Field
Blair v. Durham
Defendant was contracted to perform repairs in a building where Plaintiff was employed. During the course of the repairs, a board fell from a scaffold and struck Plaintiff, causing injury. Plaintiff’s initial complaint alleged that Defendant’s employees were negligent. Plaintiff later amended the complaint to allege instead that the scaffold was negligently constructed. Defendant sought to dismiss the amended complaint as barred by the statute of limitations. The court denied the motion and Defendant then appealed, claiming that the amendment created a new cause of action beyond the one-year statute of limitations.
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