The manufacturer of an off-road vehicle was able to convince justices with the Tenth Circuit Court of Appeals that a trial judge was right to dismiss a wrongful death/ product liability lawsuit against it for plaintiff’s failure to amend the complaint prior to deadline.
In Birch v. Polaris Industries, Inc., plaintiff had asked trial court to amend the original complaint to add new legal theories and also request additional discovery. However, they did so after the deadlines for amending pleadings and for discovery had passed. Trial court rejected the motion and decided that, based on the unamended complaint, plaintiff’s case was weak. It granted defendant’s motion for summary judgment.
On appeal, the 10th Circuit found no judicial error. Continue reading