Justin visits Sue’s Sweets. While leaving the store, Justin slips and falls on the icy curb as he approaches his car that is parked in front of the shop. Two years later, Justin sues Sue for damages for personal injury. Sue answers the complaint, discovery begins, and the Court sets a jury trial in one year.
A few weeks before trial, after discovery has closed, Sue moves to amend the pleadings and assert a third party complaint against her landlord, Slumlord StripMalls, Inc., for apportionment of fault. Sue attaches to her motion a proposed third-party complaint which alleges Slumlord negligently maintained the sidewalk, curb and parking lot where Justin fell, and that this negligence, in whole or in part, caused Justin’s injury.
Justin files an opposition, arguing that it is too late to amend the complaint to bring a third party complaint against Slumlord StripMalls, and that doing so would prejudice him.
Do you think the court in your state would grant Sue’s motion and allow her to file the third party complaint? Why or why not?
THE DISCUSSION QUESTION IS HIGHLY SPECULATIVE. PLEASE FOCUS ON YOUR RATIONALE, NOT YOUR CONCLUSION.