D'ATTILIO v. HERSHEY ESTATES

No. 358.

39 Pa. D. & C. 2d 759 (1966)

D'Attilio v. Hershey Estates

Common Pleas Court of Dauphin County, Pennsylvania.

May 9, 1966.


Attorney(s) appearing for the Case

Nauman, Smith, Shissler & Hall, for plaintiff.

Hull, Leiby & Metzger, for defendant.


HERMAN, J., May 9, 1966.

The question before us is whether amendments should be permitted to plaintiffs' complaint in trespass after the applicable statute of limitations has run. Plaintiffs contend that the proposed amendments only "describe more precisely the causes of the minor Plaintiff's injuries". Defendant maintains that they assert an entirely new cause of action.

It is, of course, clear that if the amendments do, in fact, allege a new cause of action...

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