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Civil Procedure Keyed to Yeazell
Beeck v. Aquaslide ‘N’ Dive Corp.
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Plaintiff Jerry A. Beeck was injured in 1972 while using a water slide. He and his wife sued Aquaslide ‘N’ Dive Corp., a Texas corporation, alleging it manufactured the slide involved in the accident, and sought to recover on theories of negligence and strict liability. Defendant Aquaslide initially admitted it had manufactured the slide in its answer to the complaint on Dec. 17, 1973. The statute of limitations on Plaintiff’s personal injury action expired on July 15, 1974. Six and one-half months later, Defendant’s President visited the site of the accident and determined the slide was not manufactured by his company. Defendant then moved to amend its answer to deny manufacture, and the District Court granted leave to amend.
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