WILLIE TOLBERT, APPELLANT,
v.
CSX TRANSPORTATION, A VIRGINIA CORPORATION AND SUCCESSOR CORPORATION OF SEABOARD SYSTEM RAILROAD, INC., APPELLEE
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Tolbert sued CSX Transportation for negligence injuries sustained in 1985. The trial court denied his motion to amend the complaint to correct details about the accident and granted CSX's summary judgment motion. The appellate court reversed, holding that the amendment should have been permitted under Florida's liberal amendment policy and that the amendment related back to the original complaint, defeating any statute of limitations defense.
The trial court erred in denying the amendment motion and in granting summary judgment. Under Florida's liberal amendment policy, leave to amend should be freely given when justice requires. The proposed amendment did not affect CSX's substantial rights because it did not state a new cause of action but merely clarified facts of the same negligent occurrence. The amendment relates back to the original complaint filing date, defeating any statute of limitations defense.
[1] Leave to amend pleadings shall be given freely when justice so requires.
[2] A trial court must disregard any error or defect in proceedings which does not affect the substantial rights of the parties.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Leave of court [to amend pleadings] shall be given freely when justice so requires.”
States the liberal policy under Florida Rule of Civil Procedure 1.190(a) that governs amendment of pleadings
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Join FLexlaw to unlock all legal intelligenceOn May 25, 1985 (or May 22, 1985), Tolbert was injured while moving either a switch point or cross ties at a CSX facility, allegedly due to CSX's negl…
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HALL, Judge.
Willie Tolbert challenges the summary judgment granted CSX Transportation in his personal injury action. He contends the trial court erred in denying his motion for leave to amend his complaint and in granting CSX’s motion for summary judgment. We agree and reverse.
On April 6, 1988, Tolbert filed a complaint against CSX alleging that on or about May 25, 1985, he was permanently injured while moving a switch point due to the negligence of CSX. CSX answered the complaint and raised affirmative defenses. After Tolbert testified at his deposition that he was injured while moving cross ties on May 22, 1985, Tolbert’s new counsel filed a motion for leave to amend the complaint to reflect those facts. The trial court denied the motion. CSX then filed a motion for summary judgment asserting that no genuine issue of material fact existed in that the accident alleged never occurred as alleged or on the date alleged. The trial court granted the motion, and Tolbert here appeals that order. Tolbert contends that the trial court erred in denying his motion for leave to amend his complaint in light of the liberal policy regarding amendments of pleadings set forth in Florida Rule of Civil Procedure 1.190: "Leave of court [to amend pleadings] shall be given freely when justice so requires.” Fla.R.Civ.P. 1.190(a): “At every stage of the action the court must disregard any error or defect in the proceedings which does not affect the substantial rights of the parties.” Fla.R.Civ.P. 1.190(e). Brown v. Wood, 202 So. 2d 125 (Fla. 2d DCA 1967); Hall v. Wojeckowski, 312 So. 2d 204 (Fla. 4th DCA 1975).
The amendment Tolbert sought to make to his complaint clearly did not affect the substantial rights of CSX because it did not state a new cause of action. The amendment alleged that Tolbert was permanently injured as a result of the negligence of CSX, just as had the initial complaint. The amended complaint only differed from the initial complaint with regard to what Tol-bert was moving when he was injured and in specifying on which date on or about May 25, 1988, the injury occurred.
Consequently, because the amended complaint is based on the same specific occurrence of negligence as the initial complaint, it related back in time to the filing date of the original complaint, April 6, 1988, and is not barred by the running of the statute of limitations on May 22, 1985. Turner v. Trade-Mor, Inc., 252 So. 2d 383 (Fla. 4th DCA 1971).
In light of our holding with regard to the motion for leave to amend, the basis of CSX’s motion for summary judgment, that the accident did not occur as alleged or on the date alleged, is without merit. Accordingly, we reverse the order granting CSX’s motion for summary judgment and the order denying Tolbert leave to amend his complaint and remand with directions consistent with this opinion.
Reversed and remanded.
SCHOONOVER, C.J., and FRANK, J., concur.
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City OF Orlando v. Cent. Fla. Police Benevolent Ass'n, 595 So. 2d 1087 (Fla. 5th DCA 1992)…f section 447.307(3)(d) appears to me plausible and fair. It is analogous to what the courts do when faced with a motion to amend a complaint filed after the statute of limitation has run on the original complaint. See Tolbert v. CSX Transportation, 590 So. 2d 543 (Fla. 2d DCA 1991); R.A. Jones & Sons, Inc. v. Holman, 470 So. 2d 60 (Fla. 3d DCA 1985); Smith v. Metropolitan Dade County, 338 So. 2d 878 (Fla. 3d DCA 1976). I think PERC should be permitted at least a similar latitude and discretion. In addition,…
Authorities Cited
- Turner v. Trade-Mor, Inc., 252 So. 2d 383 (Fla. 4th DCA 1971)
- Brown v. Wood, 202 So. 2d 125 (Fla. 2d DCA 1967)
- Inez Hall and Eugene Hall v. Wojechowski, 312 So. 2d 204 (Fla. 4th DCA 1975)