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Civil Procedure Keyed to Subrin
Christopher v. Duffy
Facts
Janette Christopher was a child who suffered from lead poisoning. She was taken to the hospital for chelation treatment and subsequently died from pneumonia. Plaintiffs initially brought an action against the former and current owners of the apartment and John Duffy who was hired to remove the lead paint. Plaintiffs settled with everyone but Duffy, and they amended their claim to include five manufacturers of lead paint. The amendment would be six years after the injury, and after Duffy already died. The trial court denied the leave to amend because the new Defendants would be prejudiced by the having to respond to the delayed claims.
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