Scribd Logo
Upload

Welcome to Scribd!

  • Beeck V Aquaslide N Dive Corp

    Uploaded by

    abbey
    35 views1 page
    The plaintiff sued the defendant for injuries sustained on a water slide, claiming the defendant manufactured the slide. The defendant initially conceded manufacturing the slide, but later sought to amend its pleading to deny manufacture after finding evidence it did not make the slide. The trial court granted the amendment and ordered a trial on the manufacture issue. On appeal, the court held that under Rule 15(a), amendments should be freely granted absent bad faith, undue delay or prejudice. It found no evidence of any of these regarding the defendant's amendment in this case.

    Original Description:

    case brief

    Original Title

    Beeck v Aquaslide n Dive Corp

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The plaintiff sued the defendant for injuries sustained on a water slide, claiming the defendant manufactured the slide. The defendant initially conceded manufacturing the slide, but later sought to amend its pleading to deny manufacture after finding evidence it did not make the slide. The trial court granted the amendment and ordered a trial on the manufacture issue. On appeal, the court held that under Rule 15(a), amendments should be freely granted absent bad faith, undue delay or prejudice. It found no evidence of any of these regarding the defendant's amendment in this case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    35 views1 page

    Beeck V Aquaslide N Dive Corp

    Uploaded by

    abbey
    The plaintiff sued the defendant for injuries sustained on a water slide, claiming the defendant manufactured the slide. The defendant initially conceded manufacturing the slide, but later sought to amend its pleading to deny manufacture after finding evidence it did not make the slide. The trial court granted the amendment and ordered a trial on the manufacture issue. On appeal, the court held that under Rule 15(a), amendments should be freely granted absent bad faith, undue delay or prejudice. It found no evidence of any of these regarding the defendant's amendment in this case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    BEECK V AQUASLIDE N DIVE CORP

    FACTS:
    Beeck (plaintiff) sued Aquaslide N Dive Corp. (Aquaslide) (defendant)
    in federal court based on diversity jurisdiction when he was injured on
    a water slide he alleged Aquaslide had manufactured. Initially,
    Aquaslide conceded that it had manufactured the slide, but much later
    in the lawsuit, after the statute of limitations had run on new claims by
    the p, after subsequently inspecting the slide realized it had not.
    Aquaslide then moved to amend its pleading to deny manufacture. The
    court granted the motion and ordered a trial on the issue of whether
    Aquaslide was the manufacturer. The jury found for Aquaslide and the
    court dismissed Beecks claim. Beeck appealed, alleging the court
    abused its discretion in allowing Aquaslide to amend its complaint and
    ordering a trial on the issue of manufacture.
    Issue. Whether a Defendant should be allowed to amend his complaint
    even where it will cause irreparable prejudice to the Plaintiff.
    Synopsis of Rule of Law. Under Rule 15(a) of the Federal Rules of
    Civil Procedure, a party can amend its pleading only with leave of court
    or consent of the other party. Leave shall be freely given. Leave to
    amend should only be denied if the party opposing the amendment
    can show bad faith, undue delay, or prejudice
    Holding
    Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may
    move to amend the pleadings at any time. As stated in Rule 15(a),
    leave to amend shall be freely given as justice so requires.
    The party opposing the motion to amend must demonstrate prejudice
    from such amendment.
    The trial court determined that there was no evidence of bad faith,
    prejudice or undue delay.
    Defendants reliance on three insurance companies determinations
    that Defendant manufactured the slide demonstrates that the
    admission was made in good faith.
    Plaintiffs will not be prejudiced to the extent that Defendant will prevail
    at trial and Plaintiffs will not be allowed to proceed against other
    parties. The relevant issue for the Courts consideration is to contest
    the factual issue of who manufactured the slide.
    The insurer investigating manufacture of the slide was not lacking in
    diligence so as to preclude Defendant from litigating the issue.

    You might also like