Bonerb v. Richard J. Caron Foundation

Facts

In a diversity action, Plaintiff, a New York resident, alleged that he was injured while he was a rehabilitation patient at the Defendant’s Westfield, Pennsylvania facility. Defendant is a non-profit rehabilitation agency licensed and doing business in Pennsylvania. Plaintiff sought damages related to a slip and fall accident while he was playing basketball on Defendant’s recreational basketball court. Plaintiff alleged that while he was a rehabilitation patient at Defendant’s Westfield facility, he was participating in a mandatory exercise program. Plaintiff claimed that the Defendant negligently maintained the basketball court. The district court granted Plaintiff’s motion for substitution of new counsel. One month later, Plaintiff moved to amend his complaint to add a new cause of action for “counseling malpractice.” Plaintiff’s new attorney alleges that investigations undertaken since he became Plaintiff’s attorney, indicate to him that a malpractice claim is appropriate. Defendant objected on the grounds that the malpractice claim does not relate back to the original pleading and was therefore barred by Pennsylvania’s two-year statute of limitations.